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Kopin Corp of Taunton, MA, USA, which makes GaAs heterojunction bipolar transistor (HBT) epiwafers and liquid-crystal CyberDisplays, has appealed the Nasdaq Listing Qualification Staff’s determination of 19 May to delist the firm’s securities from The Nasdaq Stock Market. As a result, delisting has been stayed pending the final outcome of a hearing scheduled for 17 July before the Nasdaq Hearings Panel.

Kopin had received the Nasdaq Staff Determination letter because it was not in compliance with Nasdaq Marketplace Rule 4310(c)(14) after failing to file its first-quarter 2008 Form 10-Q financial report in time.

Kopin has delayed filing pending its review of a recently filed Request for Mediation made by a customer, a privately held company based in the European Union that has made claims relating to certain representations and actions of an employee of a Kopin subsidiary. Kopin is currently conducting an investigation relating to the claims.

At the 17 July hearing, Kopin must demonstrate its ability to regain compliance with the particular deficiencies cited by Nasdaq Staff, as well as its ability to sustain long-term compliance with all applicable maintenance criteria.

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