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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 2.2. Vacating
Delaware Judgment. Within
five (5) business days of AMO’s receipt of the payment specified in paragraph
4.1 below, AMO shall file a mutually agreed upon motion to vacate and declare
moot the judgment and injunction in the Delaware Litigation. AMO agrees that it shall not thereafter seek
to collect from Alcon at any time any amounts due AMO as a
5 result of the judgment entered in the Delaware Litigation, whether damages, interest, enhanced damages, costs, attorney’s fees, or otherwise, and shall not seek any further temporary or permanent injunctive relief as a result of the Delaware Litigation. In the event that the court in the Delaware Litigation denies the motion to vacate or, within thirty (30) days of filing the court fails to decide said motion, the Parties shall file a mutually agreed upon stipulation of dismissal with prejudice and without costs and a satisfaction of judgment in the district court in the Delaware Litigation, and a stipulation of dismissal with prejudice and without costs in Appeal Nos. 06-1212 and 06-1248 in the U.S. Court of Appeals for the Federal Circuit. AMO further agrees that any claims against Alcon based on the judgment entered in the Delaware Litigation are forever released and waived. |
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