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Re: Will Lyons post# 874

Tuesday, 12/12/2006 1:22:46 PM

Tuesday, December 12, 2006 1:22:46 PM

Post# of 1171
Maybe this will help, as far as valuation -- and this is a small part of the patent portfolio:

Canon Expert Witness Report Summary

Our amended complaint alleges that Canon committed fraud in connection with a 1999 patent license agreement by failing to disclose an ongoing relationship with Toshiba aimed at developing an SED flat panel display that would practice the licensed patents. The complaint also alleges that the Canon/Toshiba joint development efforts and resulting joint venture -- SED, Inc. -- are not covered by our 1999 license because they do not constitute licensed "subsidiaries" as that term is defined by our 1999 agreement. Fact discovery closed at the end of August 2006, and trial is docketed for March 2007. Canon has moved for summary judgment on whether SED, Inc. is a "subsidiary" under the agreement. That motion is fully briefed and awaits a ruling from Judge Sam Sparks of the United States District Court for the Western District of Texas.

We retained an expert witness to calculate the damages that we sustained as a result of Canon's actions. The expert's preliminary report was completed and served on October 30, 2006. The report calculates the damages that we incurred using five different methods. The first four methods include: damages based on foregone royalties, damages based on Canon's expected rate of return on its investment in the joint venture (SED,Inc.), damages based on Canon's expected rate of return on sales of the joint venture, and damages based on the impact of Canon's conduct on the market capitalization of our common stock. These estimates of our damages range between approximately $74 and $190 million. A fifth method, based on the value of our intellectual property to the joint venture, estimates damages at approximately $786 million.

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Ruling on Canon's Motion for Summary Judgment (November 2006):

http://www.nano-proprietary.com/PDFs/Ruling%20on%20Cannon%20Motion.pdf




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