You did notice these lines in the 8k right?
"As disclosed elsewhere in this report, on April 22, 2008, Etelos merged with and into Tripath in a reverse merger transaction. Item 2.01(f) of Form 8-K states that if the registrant was a shell company, like Tripath was immediately before the merger, then the registrant must disclose the information that would be required if the registrant were filing a general form for registration of securities on Form 10-SB.
Accordingly, Tripath is providing below the information that would be included in a Form 10-SB if Tripath were to file a Form 10-SB"