Since ARM’s business depends upon the utilization of its processor cores by its

customers, ARM is acutely sensitive to accusations of patent infringement. ARM’s

licensees/customers are justifiably concerned with allegations that their future products might

infringe a patent. Thus, it is important for ARM to eliminate promptly any cloud of uncertainty

created by allegations of infringement

TPL has accused

virtually ARM’s entire product line of infringing its patents. ARM’s ability to honor

commitments to its customers are directly threatened by TPL’s Infringement Contentions and

Complaint, which seek a declaration that ARM’s processor cores are infringing products, as

well as an injunction against Toshiba/NEC/MEI chips containing those cores (Complaint,

Prayer for Relief § (d)).

Toshiba`s and NEC’s notices that it is their position that TPL`s contentions satisfy the

prerequisites of ARM`s indemnity obligations further establishes ARM`s significant interest in

the present litigation. Moreover, TPL effectively concedes that ARM has a substantial interest

in this litigation by referencing ARM no fewer than eight times in its Infringement Contentions.