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`SMART EXHIBIT 1022
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`
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`LICENSE
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`James B. Goodman (“Licensor") grants this license to SMART Modular Technologies, Inc.
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`(together with its affiliates, “Licensee”) effective as of June 7, 2016.
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`WHEREAS, Licensor is the owner of United States Patent No. 6.243.315 (the “‘3 15 patent”);
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`WHEREAS, Licensor has sued Licensee in the Southern District of Texas for infringing the
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`‘3 I 5 patent - the matter is captioned:
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`James B. Goodman v. SMART Modular Technologies, Inc.
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`Case No. 4:14-cv-01380;
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`WHEREAS, Licensee has asserted affirmative defenses and counterclaims in Case No. 4: l4-cv-
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`01380;
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`WHEREAS, Licensee has petitioned the United States Patent Office to institute an inter partes
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`reexamination of the ‘3 15 patent, and on February 1 1. 2016, the Patent Office did institute an
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`inter partes reexamination of the ‘3 1 5 patent — the inter partes reexamination is captioned:
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`SMART Modular Technologies, Inc. v. James B. Goodman
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`»
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`Case No. IPR2015-01675;
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`WHEREAS, Licensor and Licensee desire to resolve their disputes in accordance with the
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`general tenns stated on the Settlement Term Sheet attached as Attachment A.
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`NOW THEREFORE, in consideration of settlement of their disputes, dismissal of legal actions.
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`and other good and valuable consideration, but no money payment, the receipt and sufficiency of
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`which the Parties hereby acknowledge. the Parties agree:
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`l.
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`Licensor represents and warrants that he owns all right. title. and interest in the ‘3 15
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`patent. Licensor represents and warrants that he possesses full and absolute authority to make
`the promises and agreements contained herein.
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`2.
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`Licensor grants to Licensee a fully paid up. non-terminal. non-royalty bearing, perpetual
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`license to the ‘3 15 patent.
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`3.
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`4.
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`This License shall be governed and construed under the laws of the State of Texas.
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`The Southern District of Texas shall maintainjurisdiction in Case No. 4: l4-cv-01380 to
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`adjudicate all disputes regarding this License.
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`"1'-.\!
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`-'.£‘."
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`SMART EXHIBIT 1022 - Page 1
`SMART EXHIBIT 1022 - Page 1
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`Licensor, and Licensee executes this License as an instrument under seal the date shown:
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`Date: 3'3 I
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`Date:
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`3/Iv-,.//‘C,
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` Jame B. Goodman. Licensor
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`_
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`Name: “
`Title: /'
`L)
`
`_
`(
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`‘3/1 €r'a'e«.
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`(‘cow se {
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`SMART EXHIBIT 1022 - Page 2
`SMART EXHIBIT 1022 - Page 2
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`
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`EX. A
`EX. A
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`SMART EXHIBIT 1022 - Page 3
`SMART EXHIBIT 1022 - Page 3
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`
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`SETTLEMENT TERM SHEET
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`This term sheet sets forth the principle terms of settlement between JAMES B. GOODMAN and
`SMART MODULAR TECHNOLOGIES, INC; Case No. 4:14-CV-01380 GHM.
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`This term sheet sets forth the principle terms of settlement. The parties anticipate that they will
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`supplement this term sheet with a formal settlement agreement.
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`THE PARTIES AGREE AND STIPULATE THAT THE DISTRICT COURT SHALL
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`ENFORCE THIS TERM SHEET AS A SETTLEMENT AGREEMENT.
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`The parties agree to settle their dispute on the following principle terms:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`Goodman shall dismiss all legal claims with prejudice;
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`Goodman shall stipulate that all accused products do not infringe his U.S. Patent
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`No. 6,243,315;
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`Goodman shall grant to Smart Modular a fully paid up, non-terminable, non -
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`royalty bearing, perpetual license to the ‘3 15 patent;
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`Smart Modular shall dismiss all counterclaims;
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`Smart Modular shall terminate its Inter Partes Review of the ‘3 15 patent;
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`Goodman shall obtain Smart Modular’s approval of the form of Goodman’s
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`dismissal and stipulation before Goodman files such dismissal or stipulation.
`Smart Modular shall not unreasonably withhold its approval;
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`the parties shall bear their own costs, including attorney fees; and
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`this term sheet and any other agreement between the parties relating to this
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`litigation or the ‘3 15 patent shall be NON-CONFIDENTIAL.
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` By: . ’
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`"Bruce Goldberg
`General Counsel
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`/'
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`SMART EXHIBIT 1022 - Page 4
`SMART EXHIBIT 1022 - Page 4
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