Symbol Provides Status of Telxon Litigation Update.Business Editors/High-Tech Writers HOLTSVILLE, N.Y.--(BUSINESS WIRE)--Oct. 10, 2003 Symbol Technologies, Inc. (NYSE NYSE See: New York Stock Exchange :SBL SBL Society of Biblical Literature SBL Symbol Technologies, Inc. (NYSE symbol) SBL Spamhaus Block List SBL Space-Based Laser SBL Securities Borrowing and Lending SBL Supreme Beings of Leisure (band) ) today provided an update to the status of the case involving Telxon Corporation, a wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. of Symbol, and Smart Media of Delaware Delaware, state, United States Delaware (dĕl`əwâr, –wər), one of the Middle Atlantic states of the United States, the country's second smallest state (after Rhode Island). , Inc. The Summit County Court of Common Pleas COURT OF COMMON PLEAS. The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil. It was at first ambulatory, but was afterwards located. in Ohio held a status conference on October October: see month. 9, 2003, and, as a result, Symbol expects that the briefing on post judgment motions will take at least a month, and may take longer. No judgment has yet been entered in the case, and Telxon has filed a motion for judgment notwithstanding the verdicts A judgment entered by the court in favor of one party even though the jury returned a verdict for the opposing party. The phrase "judgment notwithstanding the verdict" is abbreviated JNOV, which stands for its Latin equivalent, judgment and for a new trial. The following addresses the status of the Telxon case:
Q1: What is the background of the litigation between Telxon and
Smart Media, et al.?
A1: The litigation between Telxon and Smart Media began in
December 1, 1998, prior to Symbol's acquisition of Telxon,
when Telxon filed suit against Smart Media in the Court of
Common Pleas for Summit County, Ohio. The suit filed by Telxon
was for a declaratory judgment that, contrary to the position
of Smart Media and several of its shareholders, Telxon neither
agreed with nor promised Smart Media to develop a product or
to provide financial support for the development of a product.
Smart Media denied Telxon's suit for declaratory judgment and
claimed that it suffered substantial damages because of
Telxon's alleged failure to provide funding of several million
dollars. The damages claimed by Smart Media are for allegedly
lost profits.
Q2: Is there a judgment against Telxon at this point?
A2: No. No judgment has been entered at this time.
Q3: What are the next procedural steps, and the timing, relating
to the case?
A3: The parties had a conference with the judge on October 9,
2003, that addressed, among other matters, the next steps in
the case. Symbol and Telxon believe that post trial motion
practice will take at least a month and that no judgment will
be entered until the Court rules on the parties' post trial
motions. Symbol and Telxon cannot predict when the Court will
render its decision.
Q4: Has Telxon made any post trial motions?
A4: On October 7, 2003, Telxon made a motion to impound and secure
the trial record of certain exhibits, and on October 8, 2003,
Telxon made motions for judgment in its favor notwithstanding
the jury's verdicts, and for a new trial. In the event this
relief is not granted, Telxon requested that the amount of the
jury's verdicts be reduced. Also, Telxon requested that the
execution of any judgment against Telxon entered by the Court
be stayed without the posting of a bond, or in the
alternative, that a bond be set at a maximum of $3.7 million.
Q5: What arguments has Telxon made to support its motion?
A5: Telxon, among other arguments, has argued that the jury's
verdicts were based upon inadmissible evidence being
improperly provided to the jury during its deliberations; that
the absence of liability on the part of Telxon was
conclusively established by the documents in evidence; and
that the amounts awarded to Smart Media were based on legally
irrelevant projections, and are wildly speculative,
particularly given that Smart Media never had any revenue or
profits. In addition, Telxon argued that the jury verdicts
incorrectly awarded damages more than once for the same
alleged injury by adding together two separate awards for lost
profits, and by improperly combining different measures of
damages.
Q6: Has Smart Media made any post trial motions?
A6: As previously reported, Smart Media made a motion to join or
substitute Symbol as a defendant. In addition on October 7,
2003, Smart Media made a motion for prejudgment interest in
the amount of approximately $146 million based upon a 10
percent per annum rate on the aggregate amounts of the jury's
verdicts from October 23, 1996, to September 17, 2003. Symbol
and Telxon believe these motions are without merit and intend
to oppose them vigorously.
Q7: If the Ohio trial court judge enters a judgment on the jury's
verdicts, would Telxon have a right to appeal?
A7: Yes, Telxon may appeal the jury's verdicts as a matter of
right to the Ohio Court of Appeals for the 9th District.
Following that appeal, any party could petition the Ohio
Supreme Court to hear the case, but Ohio Supreme Court review
is not an appeal as a matter of right.
Q8: How long could the appeal process last?
A8: The length of the appeals process is uncertain. It could last
a number of months, and perhaps more than a year.
Q9: Pending the appeal, can Telxon stay execution of any judgment
against it?
A9: Yes, if Telxon posts a bond, if one is required, as determined
by the Ohio trial court.
Q10: In the event of an enforceable judgment against Telxon that
it was unable to satisfy, could Symbol be responsible for the
judgment?
A10: Under such circumstances, Smart Media may pursue various
legal theories and tactics to try to recover from Symbol or
otherwise obligate Symbol to provide funds to Telxon to
satisfy a judgment against Telxon. While Symbol will
vigorously oppose such efforts, there can be no assurance that
Symbol will not be liable for or otherwise be obligated to
provide funds to Telxon to satisfy any judgment against
Telxon.
Q11: Could the litigation between Smart Media and Telxon, or even
a bankruptcy of Telxon, have an impact on Symbol's credit
facility?
A11: The credit facility remains in place at this time. Whether
the credit facility could be impacted will depend on
developments in the litigation. At the present time, Symbol is
not borrowing under its credit facility.
Q12: Will the amount of the jury verdicts be reserved against on
Symbol's balance sheet?
A12: At this time, Symbol believes that the amounts indicated in
the jury verdicts are not probable and estimable. Therefore,
Symbol has not recorded any reserves in its balance sheets.
Q13: Ultimately, if Symbol were found liable for the entire amount
of the verdicts, does Symbol have adequate liquidity and
capital resources to satisfy that amount?
A13: Symbol believes that it could satisfy the entire amount with
a combination of internal funds and funds obtained from the
public and/or private capital markets, although access to the
public markets will be subject to Symbol completing the
pending restatement of its financial statements. In addition,
Symbol's ability to access the capital markets would be
subject to market conditions, industry conditions and the
financial condition and prospects of Symbol at the time the
capital markets are accessed.
About Symbol Technologies Symbol Technologies, Inc. delivers enterprise mobility solutions that enable anywhere, anytime data and voice communication designed to increase productivity, reduce costs and realize competitive advantage. Symbol systems and services integrate rugged mobile computing Using a computing device while in transit. Mobile computing implies wireless transmission, but wireless transmission does not necessarily imply mobile computing. Fixed wireless applications use satellites, radio systems and lasers to transmit between permanent objects such as buildings , advanced data capture, wireless networking See wireless network. and mobility software for the world's leading retailers, transportation and logistics logistics In military science, all the activities of armed-force units in support of combat units, including transport, supply, communications, and medical aid. The term, first used by Henri Jomini, Alfred Thayer Mahan, and others, was adopted by the U.S. companies and manufacturers as well as government agencies and providers of healthcare, hospitality and security. More information is available at www.symbol.com. This news release contains forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. based on current expectations, forecasts and assumptions that involve risks and uncertainties that could cause actual outcomes and results to differ materially. These risks and uncertainties include litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. developments, price and product competition, dependence on new product development, reliance on major customers, customer demand for our products and services, control of costs and expenses, international growth, general industry and market conditions and growth rates Growth Rates The compounded annualized rate of growth of a company's revenues, earnings, dividends, or other figures. Notes: Remember, historically high growth rates don't always mean a high rate of growth looking into the future. and general domestic and international economic conditions including interest rate and currency exchange rate fluctuations. For a further list and description of such risks and uncertainties, see the reports filed by Symbol with the Securities and Exchange Commission. Symbol disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. |
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