When the patents were consolidated under the MMP Portfolio, I assume that AMD's license incorporated this change. If so, will there now be a "Running Royalty" based on Saifun's licensees as well?

Since 2002, Spansion has been a licensee of Saifun's NROM intellectual property, which has formed the cornerstone of Spansion's proprietary MirrorBit technology. MirrorBit Technology now represents nearly one fourth of the entire NOR Flash memory segment, and generates revenues at a run rate approaching $2 billion per year. As part of this relationship, Saifun has also provided design services to Spansion, including the successful development of Spansion's MirrorBit Quad and SPI product families. By combining the two companies, Spansion can further accelerate the development of its next generation product roadmap by directly leveraging over 150 MirrorBit technology and design experts and also eliminate its own licensing and royalty payments to Saifun.

http://money.cnn.com/news/newsfeeds/...

2. Licensing Royalties, Payment, Use of License

2.1 During the term of this Agreement, LICENSEE shall maintain complete
records of Products that are subject to royalty under this Section and are
manufactured, distributed, sold or given away. These records shall be available
for audit, on reasonable notice by a representative of PTSC, per Section 4.

2.2 Running Royalty. LICENSEE shall aggregate a royalty for every Unit
sold as set forth herein. LICENSEE will aggregate such royalties over each
calendar quarter and shall make payment of such aggregated royalties to PTSC net
forty-five (45) days from the end of each calendar quarter. A royalty under this
Agreement shall only be due for Product that was actively derived and designed
from direct use or incorporation of Licensed Technology or the Licensed
Microprocessor tangibles into the Product. Royalties shall be due for no other
Product and under no other circumstances. The royalty under this Agreement shall
be a royalty of [***]*."Sale" as used in this Section shall include any
commercial units given away by AMD for commercial use by another party, however,
"sale" shall not include the provision of reference design kits (RDKs) or like
development or beta products that are provided for the purpose of trying to
secure subsequent volume sales of Products from a partner or customer. "Sale"
shall also include the consumer end use of Product by AMD internal to their
operations.

2.3 License Issue Fee and Maintenance Fee. In consideration of the rights
granted herein LICENSEE shall pay to PTSC a License and Maintenance fee of
[***]*.Minimum Royalties. The Parties hereto mutually agree that there shall be
no minimum quarterly royalties.

2.4 The term Unit, for the purposes of this License Agreement, means an
integrated circuit Product in the form it is advertised and provided to
customers by Licensee. One Product is subject to one royalty regardless of the
extent of Licensed Technology or Licensed Microprocessors used within that one
Product.

http://emarket.knowledgeexpress.com/...

Be well