He couldn't admit to that if it was, or if they are in negotiation. The fact that being open to acquisition is not mentioned whatsoever in the 8-K, to me, confirms that they are. It sounds desperate and gives the buying company a negotiating edge when the selling company says "we're open to being acquired." It suggests they will accept bottom-dollar.
JACK'S RULES OF TRADING
1. Never chase a stock that's already run up considerably.
2. Never panic sell. In other words: When in doubt, hold.
3. When the stock price is down but the company still has potential, add.