JENOPTIK AG

Legal Proceedings Report • Feb 1, 2007

News Details

Ad-hoc | 1 February 2007 16:12

Jenoptik AG: New Developments in Patent Litigation with Asyst Technologies, Inc. and Final Decision in Arbitration Proceedings between the Free State of Thuringia and JENOPTIK MedProjekt.

Jenoptik AG / Legal Matter

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The issuer is solely responsible for the content of this announcement.

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New Developments in Patent Litigation with Asyst Technologies, Inc. and
Final Decision in Arbitration Proceedings between the Free State of
Thuringia and JENOPTIK MedProjekt.

Changes in the Legal Risks as they were set out in the Obligatory Risk
Analysis of the Jenoptik Annual Report

The patent dispute with US-American company Asyst Technologies, Inc. before
the United States District Court in San Jose, which has been litigious for
over ten years, has now entered a new phase. To the surprise of Jenoptik,
the jury recommended that the judge decide in favor of Asyst and award the
company damages in the amount of approximately 57.6 million euros.

The judge’s decision on the jury’s recommendation is not expected for
several months. The decision will end the first instance, but will not be
legally binding. Should the judge follow the jury’s recommendation in full
or in substantial part thereof, Jenoptik will appeal the decision before
the Court of Appeals for the Federal Circuit in Washington. The appeals
process can last several years.

Jenoptik and its counsel in the United States remain convinced that Asyst’s
claim for damages is unfounded, as the patent was not valid and should
never have been issued.

The dispute between Jenoptik and Asyst has been litigious since 1996. On
several previous occasions during this dispute, the District Court and the
Federal Court had held in favor of Jenoptik. The case, which now only
pertains to the second of two patents in dispute, was remanded to the trial
court again at the beginning of 2005. The first instance has now heard
this dispute for the third time. In the same proceedings, the appellate
court had previously reached a final ruling on a part of the dispute
regarding a similar patent, holding that Asyst’s claim of patent
infringement was wholly unfounded, thereby confirming Jenoptik’s
contentions. As a result, the court did not award any damages. The
technology in question relates to a business segment that Jenoptik
abandoned in 1999.

Arbitration Proceedings with Jenoptik MedProjekt concluded

The arbitration panel reached a final decision in the proceedings between
the Free State of Thuringia and JENOPTIK MedProjekt in favor of JENOPTIK
MedProjekt. JENOPTIK AG’s outstanding debt vis-á-vis JENOPTIK MedProjekt
will be paid with the approximately 10 million euros received. In addition,
the risk that was set out in Jenoptik’s 2005 Annual Report regarding
sureties will be eliminated with the exception of some performance
guarantees for product warranties.

Contact: IR, Sabine Barnekow, Phone/Fax 03641-652156/2484; www.jenoptik.de

DGAP 01.02.2007

Language: English
Issuer: Jenoptik AG
Carl-Zeiss-Straße 1
7739 Jena Deutschland
Phone: +49 (0)364 165-0
Fax: +49 (0)364 165-2157
E-mail: ir@jenoptik.com
WWW: www.jenoptik.com
ISIN: DE0006229107
WKN: 622910
Indices: TecDAX
Listed: Amtlicher Markt in Frankfurt (Prime Standard); Freiverkehr in
Berlin-Bremen, Stuttgart, München, Hamburg, Düsseldorf

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