"Don't ask me what "material" is from a legal SEC standpoint, I've read the definition several times and still don't have a clue...."
Cole, I'm not expert on what constitutes "material" under the SEC, but I do have common sense. Companies, including cutting-edge technology companies, design things all of the time, but whether they work or not, have a successful test or not, is the material fact, IMO, not the "design" for a hoped-for outcome.