Riverbed Technology (RVBD)

Other charges

During the year ended December 31, 2008, we entered into a mutual release and settlement agreement (the “Settlement Agreement”) with Quantum Corporation (“Quantum”) and certain affiliates of Quantum, pursuant to which we jointly executed and filed dismissals of patent infringement actions brought in the United States District Court for the Northern District of California. Pursuant to the terms of the Settlement Agreement, we paid Quantum a lump sum of $11.0 million, and entered into a perpetual covenant not to sue each other or certain other parties related to the patents in question and

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certain patents related to data de-duplication as well as a three-year covenant not to file any patent infringement lawsuits against each other or certain other parties. In addition, we released each other from any and all claims, demands, losses, liabilities and causes of action relating to any infringement of any patent based on acts occurring prior to the date of the Settlement Agreement. Based on the terms of the Settlement Agreement we recorded operating expense of $11.0 million during 2008. No such expenses existed in 2007.

Other
charges

During the year ended December 31, 2008, we entered into a mutual release and settlement agreement (the “Settlement
Agreement”) with Quantum Corporation (“Quantum”) and certain affiliates of Quantum, pursuant to which we jointly executed and filed dismissals of patent infringement actions brought in the United States District Court for
the Northern District of California. Pursuant to the terms of the Settlement Agreement, we paid Quantum a lump sum of $11.0 million, and entered into a perpetual covenant not to sue each other or certain other parties related to the patents in
question and

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certain patents related to data de-duplication as well as a three-year covenant not to file any patent infringement lawsuits against each other or certain other
parties. In addition, we released each other from any and all claims, demands, losses, liabilities and causes of action relating to any infringement of any patent based on acts occurring prior to the date of the Settlement Agreement. Based on the
terms of the Settlement Agreement we recorded operating expense of $11.0 million during 2008. No such expenses existed in 2007.

Other charges

On September 30, 2008, we entered into a mutual release and settlement agreement (the “Settlement Agreement”) with Quantum Corporation, (“Quantum”), whereby we agreed to jointly execute and file dismissals of patent infringement actions brought in the United States District Court for the Northern District of California. Pursuant to the terms of the Settlement Agreement, the Company will pay Quantum a lump sum of $11.0 million, and the parties entered into a perpetual covenant not to sue related to the patents in question and any patents related to data de-duplication as well as a three year covenant not to file any patent infringement lawsuits. In addition, the Company and Quantum released each other from any and all claims, demands, losses, liabilities and causes of action relating to any infringement of any patent based on acts occurring prior to the date of the Settlement Agreement. Based on the terms of the Settlement Agreement we recorded operating expense of $11.0 million in the third quarter of 2008.

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