PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED AND ARE BEING FILED
SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION IN A
CONFIDENTIAL TREATMENT REQUEST UNDER RULE 24b-2 OF THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED. THE SYMBOL “[***]” IN THIS EXHIBIT
INDICATES THAT INFORMATION HAS BEEN OMITTED.
SETTLEMENT AND LICENSE AGREEMENT
This Settlement and License Agreement (“ Agreement ”) is effective as of April 25, 2007 (“ Effective Date ”),
between Cisco Systems, Inc. (“ Cisco ”), with its principal place of business at 170 West Tasman Drive, San
Jose, CA 95134 and Forgent Networks, Inc. (“ Forgent ”), with its principal place of business at 108 Wild Basin
Drive, Austin, TX 78746, collectively (the “ Parties ”) .
WHEREAS, Forgent brought suit against certain customers of Scientific-Atlanta, Inc., (“ Scientific-
Atlanta ”), an Affiliate (as defined below) of Cisco, in Forgent Networks, Inc. v. Echostar Communications
Corporation et al. , Civil Action No. 6:06-cv-00208-LED (E.D. Tex., filed July 14, 2005) (the “ Forgent
Action ”) alleging infringement of United States Patent No. 6,285,746 (the “ Asserted Patent ”);
WHEREAS , Scientific-Atlanta filed a separate declaratory judgment action against Forgent alleging,
inter alia, that the Asserted Patent is invalid and not infringed;
WHEREAS , Scientific-Atlanta’s declaratory judgment action was subsequently consolidated into the
WHEREAS , Forgent alleged infringement claims against Scientific-Atlanta;
WHEREAS, Cisco and Cisco Technology, Inc. brought suit against Forgent in Cisco Systems, Inc. and
Cisco Technology, Inc. v. Forgent Networks, Inc. , Civil Action No. 07-C-0085-S (W.D. Wisc., filed Feb.
14, 2007) (the “ Cisco Action ”) alleging infringement of United States Patent No. 5,720,023 and United States
Patent No. 6,295,527;
WHEREAS, the Parties now desire to settle all claims presented in the Forgent Action and the Cisco
Action and all actions or conduct t