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SAG QB1 2013, englisch

32 Software AG | Interim Management Report 1/2013 [11] Litigation In February 2010, a software company in Virginia, USA sued Software AG together with 11 additional defendants, including IBM and SAP, for infringement of several of its software patents. The lawsuit was filed with a court in Virginia. The proceed- ings were suspended for Software AG and additional defendants by order of the court. The proceedings are continuing against only one of the defendants. The verdict of these proceedings will determine if the proceedings against Software AG will be resumed. The court dismissed the test case, upon which the plaintiff filed an appeal. The court of appeals rejected the appeal in January 2012. The plaintiff brought further legal action. The proceedings against the other defendants are still pending. In February 2012, a non-practicing entity (NPE: a company that solely pursues patent-right violations, rather than manu- facturing 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 defendants. The lawsuit against Software AG was withdrawn in January 2013. The NPE also filed a new lawsuit for the alleged violation of two of its software patents in January 2013. 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 proceedings, the petitioners are seeking an increase in their cash settle- ments and annual compensatory payments. Software AG considers the objections as to valuation to be groundless. The proceedings were combined into one. The first hearing took place on February 29, 2012 and had no tangible outcome. A new date has been scheduled for June 2013. In connection with the merger of IDS Scheer AG and Software 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 compensation. Software AG considers the objections as to valuation to be groundless. The proceedings were combined into one. The first hearing took place on November 23, 2012 and also had no tangible outcome. 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 compen­ sation in the amount of €7.22 for every share held by outside shareholders be paid. Software AG appealed the decision. In connection with the termination of David Broadbent’s Management Board membership, Mr. Broadbent filed suit with the the Regional Court of Darmstadt, which the Company considers to be unfounded. After an extensive exchange of briefs, evidence was taken in May and September. The court ruled against the Company’s arguments and found in favor of Mr. Broadbent on December 21, 2012. Software AG filed an appeal against the ruling. There were no other changes with respect to the legal disputes reported at the end of 2012, nor were there any new legal disputes that could potentially have a significant effect on the Company’s financial position, cash flows or profit or loss.

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