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To: BARRY ALLEN who wrote (326)	4/22/1998 6:46:00 AM
From: pappy	Read Replies (2) \| Respond to of 942

I hope VISX doesn't lose. I know Summit has never lost a lawsuit: With respect to the declaratory relief action about procedure royalties, however, if VISX's interpretation of the Pillar Point Agreement are found to be incorrect, VISX could be obligated to remit to Pillar Point all the royalties it did not pay with respect to such procedures from October 1997 until the time of the judgment. In that instance, the contribution to VISX's earnings until that judgment from non-approved procedures performed on VISX Systems would be reduced to a percentage consistent with that reported in periods prior to October 1997. Moreover, Summit contends that 100% of any such royalties would be payable to Summit, not to Pillar Point. Either result would have a material adverse effect on the Company's financial position and results of operations.