AGREEMENT REGARDING PENDING LITIGATION
`
`THIS AGREEMENT CONCERNING PENDING LITIGATION (the “Agreement”) is
`made and entered into effective April 28, 2014 by, between, and among Microsoft Mobile 0y, a
`company incorporated in Finland and registered under the Finnish Trade Register Business ID
`25 83660-5, a Finnish corporation, on behalf of itself and its affiliates (“Microsoft Mobile"); and
`
`Nokia Corporation, on behalf of itself and its affiliates (“Nokia”) (referred to collectively as the
`“Parties” and individually as a “my“.
`
`WHEREAS, Microsoft Mobile has agreed to assume liability for, in its entirety, the
`
`actions listed in Appendix A hereto (the “Actions”);
`
`WHEREAS, the Parties wish to effectuate the transfer of the Actions, including
`substitution of the named parties to the Actions;
`
`NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
`contained herein, the Parties hereby agree as follows:
`
`Microsoft Mobile shall assume, control, and direct, at its own cost and expense,
`1.
`the litigation of the Actions with respect to the assets and entities acquired from Nokia (including
`Nokia’s former devices and services business segment). Microsoft Mobile shall have sole and
`absolute discretion over the prosecution and defense of the Actions, including without limitation
`the right to select outside counsel and the right to settle or otherwise resolve the Actions with
`respect to the assets and entities acquired from Nokia (including Nokia’s former devices and
`services business segment).
`
`Microsoft Mobile agrees to assume, satisfy, pay, perform and discharge all past
`2.
`and future losses, damages, settlement payments, awards, judgments, fines, costs and expenses
`(including reasonable fees and expenses of counsel and consultants incurred in connection with
`the investigation and defense of the Actions) that have arisen out of or resulted from the Actions
`with respect to the assets and entities acquired from Nokia (including Nokia’s former devices
`and services business segment).
`
`Microsoft Mobile and Nokia agree to cooperate in good faith to file timely
`3.
`motions and take any other steps necessary to effectuate the proper substitution of the named
`parties to the Actions. Microsoft Mobile and Nokia, as applicable, will move (A) to add the
`Microsoft Mobile entity that is assuming responsibility for the relevant Action (including by
`filing a motion to intervene, if necessary), and (B) to dismiss or withdraw any Nokia entity that
`is not a Microsoft Mobile affiliate from the relevant Action.
`
`In order to facilitate the proper substitution of the named parties to the Action,
`4.
`Nokia agrees to reasonably respond, subject to appropriate objections, to discovery requests
`directed at Nokia and propounded in the Action both before and after Microsoft Mobile takes
`control of the Actions.
`
`Microsoft Corporation
`Exhibit 1027-00001
`
`Microsoft Corporation
`
`Exhibit 1027-00001
`
`

`

`IN WITNESS WHEREOF, the undersigned have executed this Stipulation.
`
`MICROSOFT MOBILE OY
`
`NOKIA CORPORATION
`
`3";
`Jukka Nihtil'a
`
`Name: B\\\“—at'WOW
`Name-
`Head. Business Development
`Title: (gm/64X 3:0! “MA0
`
`
`
`Jen ni Lukander
`Director, Competition Law
`Legal, [P & Government Relations
`
`Microsoft Corporation
`Exhibit 1027-00002
`
`Microsoft Corporation
`
`Exhibit 1027-00002
`
`

`

`APPENDIX A TO AGREEMENT REGARDING PENDING LITIGATION
`
`In re Certain Wireless Devices with 3G and/or 4G Capabilities and Components
`Thereof, ITC Inv. No. 33 7—TA—868
`
`In re Certain Wireless Devices with 3G Capabilities and Components Thereof,
`ITC Inv. No. 337-TA—800
`
`In re Certain 3G Mobile Handsets and Components Thereof, ITC Inv. No. 337—
`TA—6l 3
`
`InterDigital Communications, Inc. et al. v. Nokia Corporation et a1. (D. Del. Case
`No. 13—cv—00010—RGA)
`
`InterDigital Communications LLC et al. v. Nokia Corporation et a]. (D. De]. Case
`No. ll—cv—00654-RGA)
`
`InterDigital Communications LLC et al. v. Nokia Corporation et a1. (D. Del. Case
`No. 07—cv—OO489—SLR)
`
`Nokia Corporation et a]. V. InterDigital Communications Corporation et al. (D.
`De]. Case No. OS-cv-OOOlo-JJF)
`
`InterDigital COmmunications, Inc. v. International Trade Commission (Fed. Cir.
`Appeal No. 2014—1 176)
`
`In re Nokia Inc. (Fed. Cir. Misc. No. 14-133)
`
`Microsoft Corporation
`Exhibit 1027-00003
`
`Microsoft Corporation
`
`Exhibit 1027-00003
`
`