Pursuant to 17 CFR 240.24b-2, confidential information (indicated by [***]) has been
omitted and has been filed separately with the Securities and Exchange Commission
pursuant to a Confidential Treatment Application filed with the Commission.
PATENT LICENSE AND SETTLEMENT AGREEMENT
THIS PATENT LICENSE AND SETTLEMENT AGREEMENT (the “Agreement”), is entered into
as of November 24, 2008 (the “Effective Date”), by and among Samsung Electronics Co., Ltd., a
corporation duly organized and existing under the laws of the Republic of Korea and having its
principal office at 416 Maetan-3dong, Yeongtong-gu Suwon-si, Gyeonggi-do, 443-742, Korea
(“Samsung”), and InterDigital Technology Corporation, Tantivy Communications, Inc., IPR
Licensing, Inc., and InterDigital Patent Holdings, Inc., each Delaware corporations having a mailing
address of Suite 105 Hagley Building, 3411 Silverside Road, Concord Plaza, Wilmington,
Delaware 19810 (individually and together, “ITC”), and InterDigital Communications, LLC f/k/a
InterDigital Communications Corporation, a limited liability company duly organized and existing
under the laws of the Commonwealth of Pennsylvania and having its principal office at 781 Third
Avenue, King of Prussia, PA, USA 19406 (“IDC”) (IDC and ITC are referred to herein individually
and collectively as “InterDigital”). SEC, ITC, and IDC are herein individually referenced as “Party”
and collectively as “Parties.” In relation to SEC, “other Party” refers to ITC and/or IDC, as context
requires; in relation to ITC and IDC, “other Party” refers to SEC.
WHEREAS , Samsung and ITC are parties to that certain Binding Terms and Conditions for
2G/3G Settlement and Patent License (“Term Sheet”) entered into on November 24, 2008 relating
to the resolution and settlement of the Lawsuits and the grant by ITC of a patent license to
Samsung, among other things, on the terms and conditions set forth herein.
WHEREAS , Samsung and ITC desire to enter into t