On June 28, 2004, Intel Corp. entered into a license agreement (Intel License Agreement) with

Moore, TPL and TPL Micro Ltd. (``TPL Micro``) (Moore, TPL Micro and TPL are, collectively, the

``Licensors``).1 The Intel License Agreement provides Intel with, among other things, a license to

make, have made, use, and sell Intel products that practice the `336 patent. In addition, the Intel

License Agreement grants Intel a similar license to the remaining patents of the Moore-Fish patent

1 Intel and Patriot have since entered into a license agreement for the Moore-Fish patent portfolio

under licensing terms substantially identical to those of the Intel License Agreement.

Case 4:03-cv-05787-SBA Document 116 Filed 06/29/2005 Page JOINT CMC STATEMENT AND REPORT - 2 -

CASE NO.C 03 5787 (SBA)

sf-1958142

portfolio. These licenses extend to Intel customers with respect to their use of licensed Intel products.

Look at the last line ``Intel products``. It doesn`t say Fujitsu products, NEC, Sony, or ARHMY products. To me it is clear that if it is not ``stamped Intel`` you may infringe.

Also see that we seem to have our own separate contract with Intel.(The 8k also mentioned this)

And finally...the part about the Fujitsu five...

``to the extent that they contain Intel products. Therefore, the products remaining in this

case are those which contain infringing non-Intel products.``