8-K 1 a5751325.txt COPYTELE, INC. 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) August 4, 2008 -------------- CopyTele, Inc. -------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 1-11254 11-2622630 -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) 900 Walt Whitman Road, Melville, NY 11747 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (631) 549-5900 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) -------------------------------------------------------------------------------- (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)) 1 of 3 Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in ------------------------------------------------------------ Fiscal Year. ------------ On August 4, 2008, the Board of Directors of CopyTele, Inc. (the "Company") amended the Company's By-Laws to (i) decrease the number of directors constituting the entire Board from five to four and to further provide that the Board may increase or decrease the number of directors constituting the entire Board to not less than three directors nor more than five directors and (ii) to clarify the duties and responsibilities of the officers of the Company. A copy of the Company's By-laws, as amended and restated, is filed with this report as Exhibit 3.2. Item 9.01 Financial Statements and Exhibits. ---------------------------------- (c) Exhibits. 3.2 Amended and Restated By-Laws of CopyTele, Inc. 2 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. COPYTELE, INC. Date: August 8, 2008 By: /s/ Denis A. Krusos ------------------- Denis A. Krusos Chairman of the Board and Chief Executive Officer 3 EXHIBIT INDEX Exhibit No. Description ----------- ----------- 3.2 Amended and Restated By-Laws of CopyTele, Inc. 4