SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 -------------------- FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): August 17, 2004 --------------- FALCONSTOR SOFTWARE, INC. (Exact name of registrant as specified in its charter) Delaware 0-23970 77-0216135 - -------------------------------------------------------------------------------- (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 2 Huntington Quadrangle, Melville, New York 11747 ------------------------------------------------- Address of principal executive offices Registrant's telephone number, including area code: 631-777-5188 ------------ - -------------------------------------------------------------------------------- (Former name or former address, if changed since last report.)Item 5. Other Events and Regulation FD Disclosure On August 17, 2004, the Company entered into a settlement of outstanding patent litigation with Crossroads Systems, Inc. ("Crossroads"). Pursuant to the terms of the Settlement Agreement between the Company and Crossroads, the Company will make a one-time payment of $1.3 million and grant to Crossroads licenses to certain Company technology in exchange for a worldwide, perpetual license to the technology underlying the Crossroads patents at issue in the litigation. The payment and the licenses are contingent on the approval by the Court of an order dismissing the claims of the Company and Crossroads against each other and the filing by Crossroads of an amended complaint in its underlying action against Dot Hill Systems Corporation removing certain products that contain Company technology from the action. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits Exhibit Number Description -------------- ----------- 99.1 Press release of the Company dated August 18, 2004. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. FALCONSTOR SOFTWARE, INC. Dated: August 18, 2004 By: /s/ James Weber ----------------------------------- Name: James Weber Title: Chief Financial Officer and Vice President 2
FalconStor Software (FALC) 8-KOther events
Filed: 18 Aug 04, 12:00am