To: Proud_Infidel who wrote (11649 ) 10/7/2004 6:14:50 PM From: Proud_Infidel Read Replies (1) | Respond to of 25522 Applied pays Varian $22 million in patent royalities Silicon Strategies 10/07/2004, 5:48 PM ET SAN JOSE, Calif. — Varian Semiconductor Equipment Associates Inc. on Thursday (Oct. 7) said it has received a $22 million payment in patent royalities from Applied Materials Inc. Applied Materials (Santa Clara, Calif.) made this payment to Varian (Gloucester, Mass.) as the result of an arbitration panel ruling in the second phase of the arbitration between the two companies. The payment represents Applied Materials' estimate of the aggregate amount of back royalties plus interest it owes to Varian under the patent license agreement signed in Jan. 1, 1992. Varian has until November 1, 2004 to notify the arbitration panel whether it will request an arbitration hearing on the amount of back royalty payments plus interest owed under the agreement. Applied Materials also is required to pay quarterly unit-based royalty payments to Varian Semiconductor on future sales of certain products found to be within the scope of the agreement through expiration of the Agreement in March 2007. "When a competitor fails to live up to its contractual obligations or infringes on our intellectual property rights, we have an obligation to protect our investments on behalf of our customers, shareholders and employees," said Ernest Godshalk, president and chief operating officer of Varian Semiconductor, in a statement. Last month, Applied Materials said it has entered into an agreement with Novellus Systems Inc. to dismiss all pending suits between the two chip-equipment rivals involving allegations of patent infringement. Under the terms of the settlement, Applied will make a payment to Novellus of $8 million and will waive a claim for unpaid royalties of approximately $3.5 million (see Sept. 24 story).