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Top Legal Expenses in Intellectual Property Disputes
Monetary Awards/Settlement Payments
(As of July 25, 2007)

Case Remarks

Case: Gateway Inc. v. Microsoft Corp. On Feb. 22, 2007, a jury returned a verdict of approximately US$1.5 billion against Microsoft. (Intellectual Property Reporter, March 8, 2007)

Nokia v. InterDigital Technology Corp. Venue: Arbitration
Status: Settled

The US$253 million payment required under the settlement terms was in line with Nokia's earlier provisions for this legal dispute.

Mattson Technology Inc. v. Dainippon On June 24, 2002, the Company entered into a settlement agreement and a license agreement with Dainippon, under which Dainippon agreed to make payments to the Company totaling between US$75 million and US$105 million, relating to past damages, partial reimbursement of attorney fees and costs and license fees.

For the years ended Dec. 31, 2006, 2005 and 2004, DNS paid the Company minimum annual royalty payments of US$6 million each year.

In 2006, 2005 and 2004, DNS made additional payments of US$2.4 million, US$5.4 million and US$400, 000, respectively, based on Dainippon's sales for their fiscal years ended March 31, 2006, 2005 and 2004, respectively.

In total, US$6 million of these payments were applied against the minimum payment due in June 2007, and US$2.2 million of these payments were in excess of the minimum payments. (Intellectual Property Reporter, March 23, 2007)

TAP Pharmaceutical Products Inc. et al. v. Sanofi-Synthelabo Inc. et al. Venue: U.S. District Court for the Northern District of Illinois
Status: Settled

On Feb. 9, 2007, the Company entered into a Settlement, Release, and Patent License under which the defendants paid TAP US$157.5 million. The Company agreed to contribute US$45 million.

Immersion Corp. v. Microsoft Corp., Sony Computer Entertainment Inc., Sony Computer Entertainment of America Inc. Venue: U.S. District Court for the Northern District of California
Status: Closed

On March 24, 2005, the judge also entered judgment in the Company’s favor and awarded the Company a total of US$90.9 million. The Company was also awarded certain court costs. The Court also issued a permanent injunction against Sony’s PlayStation system.

Andrx Corp. v. GlaxoSmithKline Venue: U.S. District Court for the Southern District of Florida
Status: Settled

Andrx Corp. settled its patent infringement suit on Feb. 12, 2007 against GlaxoSmithKline for US$35 million. The Company has also granted GSK a royalty-bearing license.

Forgent Networks Inc. v. Echostar Communications Corp., et al. Venue: U.S. District Court for the Eastern District of Texas
Status: Settled

The April 26, 2007 agreement granted patent licenses to Cable One Inc., Charter Communications Inc., Comcast Corp., Comcast STB Software DVR LLC, Coxcom Inc., Digeo Inc., Motorola Inc., Scientific-Atlanta Inc., and Time Warner Cable Inc. These licensees agreed to pay the Company US$20 million and a mutual release of claims.

Synopsys Inc. v. Magma Design Automation Inc. Venue: California, Delaware, Germany and Japan
Status: Settled

In addition, both companies agree not to initiate future patent litigation against each other for two years provided certain terms are met, and Magma agreed to make a payment to Synopsys of US$12.5 million toward the settlement of this dispute.

Transocean Inc. v. GlobalSantaFe Corp. Venue: U.S. District Court for the Southern District of Texas
Status: Settled

Under the agreement, the Company granted GlobalSantaFe a personal, worldwide, royalty-bearing, and non-exclusive license to operate dual activity rigs. GlobalSantaFe shall make a payment of US$3 million for past use of the GSF Development Driller I and GSF Development Driller II.

GlobalSantaFe shall also pay US$12 million on behalf of shipyards that constructed the drillers. GlobalSantaFe also agreed to withdraw patent opposition proceedings in Europe and Brazil.

- Monetary awards not contested in Court
- Settlement payments

Information presented herein details the biggest monetary awards not contested in court, or settlement payments amounting to more than US$10 million as reported in the Lloyd's Intellectual Property Reporter.

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