From the Master Agreement
Page 4
WHEREAS, to resolve the Inventorship Litigation and disagreements among
the parties, provide funds to Patriot to finance its operations, and provide for
the effective commercialization of the MSD Patents, the parties have agreed
that:
C. As soon as possible after the date hereof, Patriot, TPL and Moore will
settle all litigation among them pursuant to the Stipulated Final Judgment
substantially in the form attached hereto as Exhibit A (the "Stipulated Final
Judgment"), and will take any and all action necessary to cause the trade
secrets litigation currently pending between Patriot and TPL in Santa Clara
Superior Court (the "Trade Secrets Litigation") to be dismissed without
prejudice, and the Infringement Litigation involving Intel and Patriot shall be
dismissed with prejudice;
4.6 Intellectual Property
(a) TPL has a valid and subsisting license to the MSD Patents from
Moore. Except as disclosed on Schedule 4.6(a), TPL has not received any notice
or claim challenging TPL's rights with respect to the MSD Patents or suggesting
that any Person, other than Patriot and Moore, has any claim of legal or
beneficial ownership with respect thereto, nor, to TPL's knowledge, is there a
reasonable basis for any such claim.