SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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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
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FALCONSTOR SOFTWARE, INC.
(Exact name of registrant as specified in its charter)
Delaware 0-23970 77-0216135
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
2 Huntington Quadrangle, Melville, New York 11747
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Address of principal executive offices
Registrant's telephone number, including area code: 631-777-5188
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(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
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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
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Name: James Weber
Title: Chief Financial Officer and Vice
President
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