EXHIBIT 1
Case 2:10-cv-01823-JLR Document 748-1 Filed 07/12/13 Page 1 of 28
In The Matter Of:
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MAXIMILIAN HAEDICKE - 6/14/2013(800) 869-9132www.merrillcorp.com/lawMerrill Corporation - San FranciscoPage 211
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you expect that they would enter into a license and2
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dismiss the case?3
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A Depends if they also agree on the other issues4
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which are involved in License Agreement. The license5
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fee is one of the important aspects, but there are other6
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aspects which also have to be covered, and they will7
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only have a full-fledged and valid contract if they8
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agreed on all essential elements of the contract, and9
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only then will they dismiss the case, or would they10
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make -- would they render the case moot.11
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Q Let's suppose that the parties do not agree on12
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a license fee.13
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Does the Orange Book decision say that the14
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defendant must use the second alternative option of15
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letting the patent holder set the royalty?16
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A Please repeat the question.17
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Q If the parties do not agree on a license fee --18
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A Yes.19
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Q -- does the Orange Book decision say that the20
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defendant must use the second option of allowing the21
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patent holder to set the royalty?22
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A They have the option. They do not -- they23
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must -- they have the option to do it.24
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Q Let's talk about a proceeding in which the25
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court -- a court exams the royalty that has been set by
Case 2:10-cv-01823-JLR Document 748-1 Filed 07/12/13 Page 3 of 28