Further re Litigation

Rodime PLC 19 January 2000 On 16 April 1999 the Company reported the findings of the U.S. Court of Appeal for the Federal Circuit ('the Appeal Court') in the appeals lodged by the Company and Seagate against the judgements issued in 1997 by the Central District Court of California ('the District Court'). In April 1999 the Appeal Court vacated (i.e overturned) the previous judgements in two important respects: i) In 1997 the District Court had interpreted Rodime's patent claims to include thermal compensation and on this basis decided that Seagate did not infringe Rodime's patent. The Appeal Court adopted a different interpretation of these claims and decided that Rodime's claims 3,5,8 and 17 of the '383 patent do not include thermal compensation. The Appeal Court therefore overturned the District Courts' finding of non-infringement and sent the case back to the District Court for trial to resolve whether or not there has been infringement under the new interpretation of Rodime's claims. ii) The Appeal Court also vacated the District Court's judgement regarding Rodime's California state law claims. These claims assert that Seagate engaged in unfair competition and interference with Rodime's business for Seagate's prospective economic advantage. The District Court had earlier held that Rodime did not allege facts sufficient to state a cause of action for trial. The Appeal Court found that there were sufficient issues of fact for these to be sent back to the District Court for trial. On 1 October 1999 Seagate petitioned the US Supreme Court for a review of the Appeal Court's judgements issued in April 1999. Rodime filed its response brief with the Supreme Court in December 1999. On 18th January 2000, the Supreme Court declined Seagate's petition without comment, upholding the judgements of the Appeal Court. The Directors are encouraged by the latest decision of the Supreme Court. The litigation should now proceed to a jury trial in the District Court and shareholders will be kept informed of progress. The pace and outcome of the litigation will depend on the actions taken by the District Court and by the parties.

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