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Case Status:    SETTLED
On or around 03/22/2016 (Court's order of dismissal)

Filing Date: September 10, 2013

Active Power, Inc. is an American manufacturer of kinetic energy storage products and modular infrastructure solutions.

According to the law firm press release, it is alleged that Active Power issued materially false and misleading statements about its true business and operational condition. On April 30, 2013, Active Power announced that it had entered into a "[n]ew strategic distribution partnership agreement with Digital China Information Service Limited, the largest IT solutions provider in China." The Company represented that this relationship with Digital China would allow the Company to increase its revenues and profitability, adding that "[w]e have already engaged with Digital China on large data center projects for which we anticipate field product deployment later this year." On September 5, 2013, after close of trading, the Company retracted its guidance, citing disappointing results in China. The Company added that the poor results were attributable to the fact that "the company's previously announced agreement in China is with Qiyuan Network System Limited, which the company's management discovered is neither an affiliate nor a subsidiary of Digital China Information Service Company Limited." According to the Complaint, this adverse news caused the price of Active Power stock to fall, damaging investors.

An amended Complaint was filed by the Plaintiffs on January 21, 2014. Defendants' motion to dismiss this Complaint was denied by the Court on July 2, 2014.

On December 2, 2014, the parties entered into a Stipulation of Settlement. The Settlement was preliminarily approved on January 7, 2015. On May 15, 2015, the Court granted final approval of the Settlement and dismissed this case.

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