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rmarchma

01/04/03 11:01 AM

#548 RE: Desert dweller #543

Ddweller re Ericy prospectus

Sorry I do not have the actual link to the Ericy prospectus. I directly copied the following quoted info from someone who posted the litigation section onto RB:

Ericy just acknowledged for the first time the possible magnitude of the US lawsuits with Harris and InterDigital on page 15 of Ericy’s new rights offering prospectus in September as follows:

"Like other companies operating in the telecommunications industry, because our products comprise complex technology, we experience litigation regarding patent and other intellectual property rights. Third parties have asserted, and in the future may assert, claims against us alleging that we infringe their intellectual property rights. If we do not succeed in any such litigation, we could be required to expend significant resources to pay damages, develop non-infringing products/technology or to obtain licenses to the products/technology which is the subject of such litigation. However, we cannot be certain that any such licenses, if available at all, will be available to us on commercially reasonable terms. Also, defending these claims may be expensive and divert the efforts of our management and technical personnel. In particular, we are currently party to two unrelated lawsuits where plaintiffs allege that we have infringed one or more of their U.S. patents through our sales of certain GSM and TDMA products in the United States. While we are confident that we will prevail in each of these two lawsuits, there can be no assurances thereof. If we do not prevail, we may have to expend significant resources to pay damages and we could be enjoined in the United States from selling any products found to infringe unless we either modify those products or obtain licenses to the patents found to be valid and infringed."