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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 2.1. Dismissal.
Within five (5) business days of the execution
of this Agreement by all Parties, the Parties shall file, in the respective
district courts in each of the Ft. Worth I Litigation, the Ft. Worth II
Litigation, and the Dallas Litigation, a mutually agreed upon stipulation of
dismissal of all of Alcon’s claims and all of AMO’s counterclaims, with
prejudice and without costs. Within ten
(10) days of the entry of an order granting the motion to vacate described in
paragraph 2.2 below, the Parties shall file a mutually agreed upon stipulation
of dismissal with prejudice and without costs in the district court in the
Delaware Litigation and in Appeal Nos. 06-1212 and 06-1248 in the U.S. Court of
Appeals for the Federal Circuit.
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