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New Developments in Patent Litigation with Asyst Technologies, Inc. and Final Decision in Arbitration Proceedings between the Free State of Thuringia and JENOPTIK MedProjekt.

New Developments in Patent Litigation with Asyst Technologies, Inc. and Final Decision in Arbitration Proceedings between the Free State of Thuringia and JENOPTIK MedProjekt. Changes in the Legal Risks as they were set out in the Obligatory Risk Analysis of the Jenoptik Annual Report.

The patent dispute with US-American company Asyst Technologies, Inc. before the United States District Court in San Jose, which has been litigious for over ten years, has now entered a new phase. To the surprise of Jenoptik, the jury recommended that the judge decide in favor of Asyst and award the company damages in the amount of approximately 57.6 million euros. The judge’s decision on the jury’s recommendation is not expected for several months. The decision will end the first instance, but will not be legally binding. Should the judge follow the jury’s recommendation in full or in substantial part thereof, Jenoptik will appeal the decision before the Court of Appeals for the Federal Circuit in Washington.

The appeals process can last several years. Jenoptik and its counsel in the United States remain convinced that Asyst’s claim for damages is unfounded, as the patent was not valid and should never have been issued. The dispute between Jenoptik and Asyst has been litigious since 1996. On several previous occasions during this dispute, the District Court and the Federal Court had held in favor of Jenoptik. The case, which now only pertains to the second of two patents in dispute, was remanded to the trial court again at the beginning of 2005. The first instance has now heard this dispute for the third time.

In the same proceedings, the appellate court had previously reached a final ruling on a part of the dispute regarding a similar patent, holding that Asyst’s claim of patent infringement was wholly unfounded, thereby confirming Jenoptik’s contentions. As a result, the court did not award any damages. The technology in question relates to a business segment that Jenoptik abandoned in 1999. Arbitration Proceedings with Jenoptik MedProjekt concluded The arbitration panel reached a final decision in the proceedings between the Free State of Thuringia and JENOPTIK MedProjekt in favor of JENOPTIK MedProjekt. JENOPTIK AG’s outstanding debt vis-á-vis JENOPTIK MedProjekt will be paid with the approximately 10 million euros received. In addition, the risk that was set out in Jenoptik’s 2005 Annual Report regarding sureties will be eliminated with the exception of some performance guarantees for product warranties.

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