8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 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)

February 8, 2019

IRIDEX CORPORATION

(Exact name of registrant as specified in its charter)

Delaware	0-27598	77-0210467
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

1212 Terra Bella Avenue

Mountain View, California 94043

(Address of principal executive offices, including zip code)

(650) 940-4700

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

☐	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

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Item 8.01 Other Events  

On February 12, 2019, Iridex Corporation (the “Company”) announced the resolution of its previously-disclosed dispute with Quantel Medical, S.A., Quantel USA, Inc., and Quantel, S.A. (collectively, “Quantel”) and dismissed the lawsuit it filed against Quantel in January, 2018, captioned Case No. 18-cv-153-RS (N.D. Cal.) in the U.S. District Court for the Northern District of California (the “U.S. Action”).  Quantel dismissed and ceased its participation in parallel proceedings against Iridex in Europe, including Tribunal de grande instance de Paris, 3e chambre, 1e section, RG n° 18/06053, related to European patent n° 1 856 774 (the “French Action”) and Opposition no. P45088EP to European patent n° 1 856 774, including the related Appeal File no. T2530/18-3.2.02 (the “OD-OS Opposition”).

A copy of the Company’s press release announcing the resolution of the parties’ disputes dated February 12, 2019 is attached as Exhibit 99.1.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits  

Exhibit No.	Description
99.1	Press Release dated February 12, 2019.

SIGNATURES

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.

	IRIDEX CORPORATION
By:	/s/ William M. Moore
	William M. Moore President and Chief Executive Officer

Date: February 12, 2019

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EX-99.1

Exhibit 99.1

  

IRIDEX Announces Resolution of its Dispute with Quantel Medical

Mountain View, Calif., February 12, 2019— IRIDEX Corporation (Nasdaq: IRIX) today announced that it has resolved its differences with Quantel Medical, S.A., Quantel USA, Inc., and Quantel, S.A. (collectively, “Quantel”) in its lawsuit filed against Quantel in the U.S. District Court for the Northern District of California. IRIDEX dismissed the lawsuit it had filed in January 2018, alleging that Quantel products infringed IRIDEX’s U.S. Patent No. 7,771,417, that Quantel breached an earlier agreement between the parties, and that Quantel infringed IRIDEX’s MicroPulse® U.S. Trademark, Registration No. 4550188 on the principal register.

Quantel dismissed its lawsuit in Europe including Tribunal de grande instance de Paris, 3e chambre, 1e section, RG n° 18/06053, related to European patent n° 1 856 774 against IRIDEX and withdrew from participation in the Opposition to IRIDEX’s European Patent No. 1856774.  IRIDEX filed a Notice of Appeal with the European Patent Office (EPO) in that proceeding in October 2018.

"We place a high priority defending our intellectual property and I am very pleased with the swift resolution of the U.S. lawsuit and the intellectual property claims in Europe. Our MicroPulse technology and its brand recognition now remain protected from competitive misuse and misrepresentation," stated William Moore, President and CEO. “We are now able to confidently move forward in devoting our resources to further developing and marketing our proprietary laser technology for treating sight-threatening eye diseases, such as glaucoma and retinal diseases.”

IRIDEX’s MicroPulse technology delivers a tissue-sparing solution that allows the tissue to cool between laser pulses, minimizing or preventing tissue damage, reducing treatment risks, and improving patient comfort and safety.  

About IRIDEX

IRIDEX Corporation is a worldwide leader in developing, manufacturing, and marketing innovative and versatile laser-based medical systems, delivery devices and consumable instrumentation for the ophthalmology market. The Company’s proprietary MicroPulse® technology delivers a differentiated treatment that provides safe, effective, and proven treatment for targeted sight-threatening eye conditions. IRIDEX’s current product line is used for the treatment of glaucoma, diabetic macular edema (DME) and other retinal diseases. IRIDEX’s products are sold in the United States through a direct sales force and internationally primarily through a network of independent distributors into more than 100 countries. IRIDEX is headquartered in Mountain View, CA. To learn more, please visit www.iridex.com.

Safe Harbor Statement

This announcement contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Act of 1934, as amended, including those statements concerning developing and marketing our proprietary laser technology for treating sight-threatening eye diseases. These statements are not guarantees of future performance and actual results may differ materially from those described in these forward-looking statements as a result of a number of factors. Please see a detailed description of these and other risks contained in our Annual Report on Form 10-K for the fiscal year ended December 30, 2017, and Quarterly Reports on Form 10-Q for subsequent fiscal quarters, each of which was filed with the Securities and Exchange Commission. Forward-looking statements contained in this announcement are made as of this date and will not be updated.

Investor Relations Contact:

Lynn Pieper Lewis or Leigh Salvo

(415) 937-5404

investors@iridex.com

Media Contact:

Jamie Hall

Pascale Communications, LLC.

(724) 417-0167

pr@iridex.com