Restatement | RESTATEMENT Throughout 2019, the Company made efforts to remediate its material weaknesses in internal control as of December 31, 2018, including investing in new personnel that have expertise in a broad array of accounting topics. As a result of these investments and remediation efforts, the Company reevaluated the accounting for a broad array of items and discovered numerous immaterial errors. On March 12, 2020, our Management and the Audit Committee of the Board of Directors, following discussion with our predecessor independent registered public accounting firm, concluded that the Company's previously filed financial statements as of and for three and nine months ended September 30, 2018, were no longer able to be relied upon as the result of the aggregation of errors identified by Management and the Company’s new accounting personnel during 2019 related to the following: As identified during preparation of the fiscal year 2019 Form 10-K: • During the first quarter of 2020, while reconciling the 2019 income tax provision back to the corresponding records, we determined that when employees exercised non-qualified stock options, we did not collect and remit the employee’s income and payroll taxes on the exercises and did not accrue and remit the employer portion of payroll taxes. Due to statutory requirements, we have joint and several liability on the amounts that we did not withhold from employees and remit to the proper taxing authorities. While further investigating the issue, we determined that during 2018 we did not report the correct amount of income to employees on their form W-2 for both non-qualified and incentive stock option exercises and misclassified some non-qualified stock option exercises as incentive stock option exercises. ◦ For the three and nine months ended September 30, 2018 and year ended December 31, 2018, the total aggregated impact included an increase of approximately $51,000 to operating expenses, an increase of approximately $713,000 to other losses and an increase to net loss of approximately $764,000 . • Other minor items primarily related to the appropriate cutoff of transactions at the balance sheet date and the duplicate recording of a State income tax payment. ◦ For the three and nine months ended September 30, 2018, the total aggregated impact included an increase of approximately $59,000 to operating expenses, operating loss and net loss. A reconciliation of the originally reported amounts to the restated amounts for the adjustments noted above for each of the affected periods is presented below. Consolidated Balance Sheet as of September 30, 2018: (In thousands) As Originally Reported Adjustments As Restated ASSETS Current assets: Cash and cash equivalents $ 40,663 $ — $ 40,663 Short term investments 55,480 — 55,480 Trade accounts receivable, net 4,080 59 4,139 Inventories, net 6,037 — 6,037 Prepaid expenses and other current assets 627 — 627 Total current assets 106,887 59 106,946 Property and equipment, net 5,842 — 5,842 Purchased technology and license rights, net 32 — 32 Goodwill 185 — 185 Deposits 46 — 46 Other assets 122 — 122 Total assets $ 113,114 $ 59 $ 113,173 LIABILITIES AND STOCKHOLDERS’ EQUITY Current liabilities: Accounts payable $ 2,348 $ — $ 2,348 Accrued severance and related 95 — 95 Accrued payroll 163 — 163 Accrued expenses and other current liabilities 19,066 764 19,830 Total current liabilities 21,672 764 22,436 Related party note payable 140 — 140 Total liabilities 21,812 764 22,576 STOCKHOLDERS' EQUITY Common stock, $0.001 par value; 75,000,000 shares authorized; 33,763,019 issued and 33,620,444 outstanding 33 — 33 Additional paid-in capital 51,798 — 51,798 Retained earnings 39,471 (705 ) 38,766 Total stockholders’ equity 91,302 (705 ) 90,597 Total liabilities and stockholders’ equity $ 113,114 $ 59 $ 113,173 Consolidated Statement of Operations for the three months ended September 30, 2018: (In thousands) As Originally Reported Adjustments As Restated Sales $ 3,672 $ — $ 3,672 Cost of sales 1,151 — 1,151 Gross profit 2,521 — 2,521 Other costs and expenses: Research and development 613 — 613 Professional services 628 — 628 Salaries and related costs 2,119 51 2,170 Selling, general and administrative 1,957 (59 ) 1,898 Total other costs and expenses 5,317 (8 ) 5,309 Loss from operations (2,796 ) 8 (2,788 ) Interest income (expense), net 105 — 105 Other losses (155 ) (713 ) (868 ) Total other losses, net (50 ) (713 ) (763 ) Loss from continuing operations before income taxes (2,846 ) (705 ) (3,551 ) Income tax benefit (2,408 ) — (2,408 ) Net loss from continuing operations (438 ) (705 ) (1,143 ) Income from discontinued operations, net of tax 540 — 540 Gain on sale of the Core Business, net of tax 69,072 — 69,072 Total income from discontinued operations, net of tax 69,612 — 69,612 Net income (loss) $ 69,174 $ (705 ) $ 68,469 Loss per share from continuing operations Basic and Diluted $ (0.01 ) $ (0.02 ) $ (0.03 ) Income per share from discontinued operations Basic 2.09 — 2.09 Diluted 1.99 — 1.99 Income (loss) per share from all operations Basic 2.08 (0.02 ) 2.06 Diluted 1.98 (0.02 ) 1.96 Weighted average number of shares outstanding basic 33,275 33,275 33,275 Weighted average number of shares outstanding diluted 34,934 34,934 34,934 Consolidated Statement of Operations for the nine months ended September 30, 2018: (In thousands) As Originally Reported Adjustments As Restated Sales $ 10,760 $ — $ 10,760 Cost of sales 3,490 — 3,490 Gross profit 7,270 — 7,270 Other costs and expenses: Research and development 1,890 — 1,890 Professional services 1,815 — 1,815 Salaries and related costs 5,734 51 5,785 Selling, general and administrative 6,280 (59 ) 6,221 Total other costs and expenses 15,719 (8 ) 15,711 Loss from operations (8,449 ) 8 (8,441 ) Interest income (expense), net 33 — 33 Other losses (155 ) (713 ) (868 ) Change in fair value of derivative liabilities 20 — 20 Total other losses, net (102 ) (713 ) (815 ) Loss from continuing operations before income taxes (8,551 ) (705 ) (9,256 ) Income tax benefit (2,384 ) — (2,384 ) Net loss from continuing operations (6,167 ) (705 ) (6,872 ) Income from discontinued operations, net of tax 5,062 — 5,062 Gain on sale of the Core Business, net of tax 69,072 — 69,072 Total income from discontinued operations, net of tax 74,134 — 74,134 Net income (loss) $ 67,967 $ (705 ) $ 67,262 Loss per share from continuing operations Basic and Diluted $ (0.19 ) $ (0.02 ) $ (0.21 ) Income per share from discontinued operations Basic 2.25 — 2.25 Diluted 2.19 — 2.19 Income (loss) per share from all operations Basic 2.06 (0.02 ) 2.04 Diluted 2.00 (0.02 ) 1.98 Weighted average number of shares outstanding basic 33,014 33,014 33,014 Weighted average number of shares outstanding diluted 33,952 33,952 33,952 |