Jenoptik AG: JENOPTIK AG wins patent litigation before U.S. District Court in San Jose, California

Jenoptik AG / Legal Matter

Release of an Ad hoc announcement according to § 15 WpHG, transmitted by
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The issuer is solely responsible for the content of this announcement.
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JENOPTIK AG wins patent litigation before U.S. District Court in San Jose,
California

Update on ad-hoc announcement dated February 1, 2007 and the Legal Risks as
they were set out in the Obligatory Risk Analysis of the Jenoptik Annual
Report.

On August 3, 2007, the District Court for the Northern District of
California granted Jenoptik's motion for judgment as a matter of law and
held that the respective patent claims asserted by Asyst Technologies, Inc.
are invalid. Previously, on February 1, 2007, a jury had found that
Jenoptik infringed certain claims of Asyst's patent and found damages
amounting to approx. 56.7 million euros in a patent dispute which has been
pending for more than ten years. The jury also recommended that the
District Court find that Asyst's claims are valid. Contrary to this
recommendation, the District Court held all of the remaining claims invalid
and entered judgment for Jenoptik for the third time in succession.

The losing plaintiff may choose to file another appeal to the Court of
Appeals for the Federal Circuit in Washington, D.C. The District Court
already held, however, that should the Court of Appeals reverse the
decision and remand the litigation, that it would grant Jenoptik a new
trial regarding the validity of the asserted patent claims.

While the issue of damages is now moot, the District Court also called into
question the amount of damages found by the jury. The Court indicated that
should the Court of Appeals reverse both the judgment for Jenoptik and the
alternative grant of a new trial regarding validity, the Court will revisit
the issues regarding damages. The District Court stated that its present
inclination would be to grant a new trial on damages or to recommend a
reduction in damages to an amount that the plaintiff would be able to prove
in light of the evidence and the appropriate legal standards. Jenoptik
previously requested a reduction in damages requested by the plaintiff
according to the so called 'maximum recovery rule' to a one digit million
euro amount based on the sales volume of the product accused of
infringement.

Jenoptik and its counsel in the United States regard this decision as a
confirmation of their legal opinion that the plaintiff’s claims are
unfounded.
DGAP 05.08.2007 
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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
Internet:     www.jenoptik.com
ISIN:         DE0006229107
WKN:          622910
Indices:      TecDAX
Listed:       Amtlicher Markt in Frankfurt (Prime Standard); Freiverkehr in
              Berlin, Stuttgart, München, Hamburg, Düsseldorf
 
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