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Software AG GB 2013. englisch

The lawsuit brought by Mr. Broadbent in connection with the termination of his Management Board appointment was settled by way of an agreement outside of court in May 2013. The settlement stipulated the termination of Mr. Broadbent’s appointment to the Management Board as of July 18, 2011 and the termination of his employment contract as of August 31, 2011 in exchange for payment of 1.25 annual salaries and previously earned but not yet paid entitlements from the period prior to August 31, 2011. Furthermore, a small number of judicial proceedings arise concerning other operational issues. Generally, however, the number of other legal disputes is very low. Opportunities Opportunities related to changes in general conditions New opportunities for our business arise from the growth potential of the global economy and from the international IT market. Economists and market research institutes fore- cast accelerated growth in 2014 for the enterprise software and IT services market segments, which are those relevant to our Company. This expected trend substantiates our growth strategy. The simultaneous convergence of four IT megatrends—big data, cloud, mobile and social—lays the foundation for the Digital Revolution, which is causing groundbreaking changes in all aspects of life and opening the door to new business opportunites. Software AG shifted its focus to the transfor- mational power and potential of these technological trends early. We deliver answers to the associated challenges pri- marily with our integrated BPE portfolio. It addresses all requirements for organizations improving business process- es, harmonizing and continuously integrating IT landscapes and thus transforming to the Digital Enterprise. We enhanced our portfolio (refer to the statement on corporate acquisi- tions) in the year under review with innovative cloud solu- tions (LongJump), big data products (Apama) and mobile technologies (metaquark). proceedings against the other defendants are still pending. Software AG assumes that the proceedings will be reopened in the first half of 2014. In February 2012, a non-practicing entity (NPE: a company that solely pursues patent-right violations, rather than man- ufacturing or using the patented invention) from the U.S. state of Delaware sued Software AG in the District Court of Delaware for violating one of its software patents. This NPE has filed similar parallel lawsuits against three other defen- dants. The NPE withdrew its lawsuit against Software AG in January 2013. The NPE also filed a new lawsuit for the al- leged violation of two of its software patents in January 2013. The proceedings are in an early stage. Hearings are not scheduled to take place until mid-2015. Other litigation A number of legal actions have been filed with the Regional Court of Saarbrücken in connection with the control and profit transfer agreement with IDS Scheer AG. In these pro- ceedings, the petitioners are seeking an increase in their cash settlements and annual compensatory payments. Soft- ware AG considers the objections as to valuation to be groundless. In September 2013 the court issued an order to hear evidence and requested that Warth & Klein GmbH Wirtschafsprüfungsgesellschaft provide an opinion on ques- tions concerning valuation in the capacity of expert auditor. Warth & Klein’s expert opinion is still pending. In connection with the merger of IDS Scheer AG and Soft- ware AG, a large number of legal challenges were filed with Regional Court of Saarbrücken in which the plaintiffs seek a legal review of the set exchange ratio and cash compensa- tion. Software AG considers the objections as to valuation to be groundless. In its decision of March 15, 2013, the Regional Court of Saarbrücken determined that the market value ratio method be employed for valuation and that cash compensation in the amount of €7.22 for every share held by outside shareholders be paid. This could result in a max- imum risk of approximately €7.6 million. Software AG ap- pealed the decision and is currently waiting for the case to proceed. Provisions are set up based on the estimated prob- able actual resource outflow. Software AG | Annual Report 2013 106 Letter from the Management Board Software AG ShareAbout Software AG Highlights 2013