exh1040.htm


 


EXHIBIT 10.40




 


CONFIDENTIAL TREATMENT REQUESTED. CERTAIN PORTIONS OF THIS DOCUMENT HAVE 


BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND, WHERE 


APPLICABLE, HAVE BEEN MARKED WITH AN ASTERISK TO DENOTE WHERE OMISSIONS 


HAVE BEEN MADE. THE CONFIDENTIAL MATERIAL HAS BEEN FILED SEPARATELY WITH THE 


SECURITIES AND EXCHANGE COMMISSION.


 







 


LICENSE AGREEMENT


 


This LICENSE AGREEMENT (this “Agreement”) is made and entered into as of June 29, 2012 (the “Effective Date”) by and between MIPS Technologies, Inc., a Delaware corporation having its principal office at 955 East Arques Avenue, Sunnyvale, California 94085 (“MIPS”), and Broadcom Corporation, a corporation organized and existing under the laws of California, having its principal office at 5300 California Ave., Irvine, California 92617 (“Broadcom”) (MIPS and Broadcom are individually referred to herein as a “party,” and collectively as the “parties”).


 


WITNESSETH


 


WHEREAS, MIPS and Broadcom have previously entered into certain license agreements under which Broadcom has obtained licenses to the MIPS microprocessor architectures and cores (“MIPS Technology Licenses”);


 


WHEREAS, MIPS and Broadcom are concurrently entering into amendments to the MIPS Technology Licenses as attached hereto as Attachments 1, 2 and 3 to, among other things, extend the term of such licenses; and


 


WHEREAS, MIPS wishes to grant to Broadcom, and Broadcom wishes to acquire, a worldwide, non-exclusive license under certain patents on the terms and conditions described herein.


 


NOW, THEREFORE, in consideration of the above and the mutual covenants and promises hereinafter contained, the parties agree as follows:


 


ARTICLE I – DEFINITIONS


 


As used in this Agreement, the following terms shall have the following meanings:


 


1.1   “Affiliate” means, with respect to a party, any other Person that directly, or indirectly through one or more intermediaries, is Controlled by such specified party at any time during the term of this Agreement, but only so long as such Control exists, and subject to Section 6.3 below.


 


 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40






 


1.2   “Assert” (or “Assertion”) means to initiate or pursue an action before any legal, judicial, arbitration, administrative, executive or other type of body or tribunal, anywhere in the world, that has or claims to have authority to adjudicate such action.


 


1.3   “Broadcom Licensed Product” means any past, present or future product or service, including hardware, software, firmware, cores, and reference designs, (a) in which Broadcom or its Affiliates [*] with respect to the [*], but which may [*] by [*]; or (b) that is a [*]; or (c) that is [*] or [*] of Broadcom or its Affiliates based on [*] Broadcom or its Affiliates; or  (d) that is based [*] Broadcom or its Affiliates and [*] under a [*]  by Broadcom or its Affiliates, including, without limitation, the [*] by Broadcom [*] its products.


 


1.4   “Broadcom Customers” means any Third Parties that purchase or otherwise lawfully obtain any Broadcom Licensed Products, and that are one of Broadcom’s or its Affiliates’ direct or indirect customers, retailers, wholesalers, distributors, dealers, resellers, users, original equipment manufacturers, importers, exporters, or original design manufacturers, including telecommunications carriers, network operators and end users who may lawfully obtain Broadcom Licensed Products from any of the foregoing.


 


1.5   “Broadcom Suppliers” means any Third Party that provides products or services to Broadcom or its Affiliates, which product or service, as applicable, forms a part of, or is incorporated into, or is used for the manufacture or test of any Broadcom Licensed Products, including Broadcom’s and its Affiliates’ direct and indirect suppliers, manufacturers, contractors, assembly facilities, and testing facilities.


 


1.6   “Capture Period” means any time on or prior to the [*].


 


1.7   “Claims” means claims, counterclaims and cross-claims, as well as any and all actions, causes of action, costs, damages, debts, demands, expenses, liabilities, losses, obligations, proceedings, and suits of every kind and nature, liquidated or unliquidated, fixed or contingent, in law, equity or otherwise and whether presently known or unknown.


 


1.8   “Control” means: (i) the direct or indirect ownership of more than fifty percent (50%) of the outstanding shares or securities entitled to vote for the election of directors or similar managing authority of a Person; or (ii) the direct or indirect ownership of more than fifty percent (50%) of the aggregate Voting Power of a Person; or (iii) other right, authority or power to direct the management, operation, or policies of such Person.


 


1.9   “Custom ICs” means integrated circuit products (ICs) [*] Third Party [*] (whether or not branded or co-branded with such Third Party) where: (i) Broadcom or its Affiliate conducted [*] with respect to such ICs or the [*] used in such ICs; and (ii) the [*] conducted by Broadcom or its Affiliate includes [*].


 


1.10   “Licensed Patents” means all Patents that are: (i) owned, [*], by MIPS or by any of its Affiliates [*] (including any Patents [*] Third Parties); or (ii) licensable, [*], by MIPS or by any of its Affiliates [*] of or within the scope granted herein without requiring [*] to [*] (except [*]to [*] for inventions made by [*] while [*]); or (iii) any Patent that claims priority 


 


 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40




 


 


directly or indirectly from, or from which priority is directly or indirectly claimed by, any of the foregoing Patents under (i) or (ii) above, and all continuations, divisionals, continuations-in-part, foreign counterparts, reexaminations, reissues, substitutes, extensions and renewals of any of the foregoing.  The Licensed Patents include, but are not limited to, the Patents listed in Exhibit A and all Patents related as described under (iii) above to the Patents listed in Exhibit A (collectively, the “Listed Patents”).




 


1.11   “Patents” means (i) all classes or types of patents, including utility patents, utility models, design patents, invention certificates, continuations, divisionals, continuations-in-part, foreign counterparts, reexaminations, reissues, substitutes, extensions and renewals, in all countries of the world; and (ii) all applications, and rights to inventions for which applications may be filed, for these classes or types of patents in all countries of the world.


 


1.12   “Person” means an individual, trust, corporation, partnership, limited liability company, association, unincorporated organization or other legal or governmental entity.


 


1.13   “Sell” (including “Sold” and other forms) means to sell, lease, distribute or otherwise transfer or dispose of a product or item (directly and indirectly through multiple tiers of distribution) or to provide or deliver a service.


 


1.14   “Third Party” means a Person other than a party to this Agreement.


 


1.15   “Voting Power” means the direct or indirect right to exercise voting power (including by written proxy) with respect to the election of directors or similar managing authority of a Person (whether through direct or indirect beneficial ownership of shares or securities of such Person, the right to direct the vote in such elections (including by written proxy), or otherwise).


 



 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


 


ARTICLE II – RELEASES


2.1   MIPS Release.


 


(a)    MIPS, on behalf of itself and its Affiliates, irrevocably releases, acquits and forever discharges Broadcom and its Affiliates and each of their respective officers, directors, employees, agents, successors, assigns, representatives, and attorneys (collectively, the “Broadcom Releasees”) from and against any and all Claims which MIPS or its Affiliates may have or obtain that any act undertaken by or for any of the Broadcom Releasees prior to the Effective Date infringes any Patent (whether direct, contributory or by inducement, and whether or not willful), including any infringement, or alleged infringement of any Licensed Patents (whether direct, contributory or by inducement, and whether or not willful), and including as relating to or based on any Broadcom Licensed Products (or the manufacture, use, Sale, offer for Sale, import, export or other exploitation thereof).  For the avoidance of doubt, nothing in this Section 2.1 is intended to or shall release Broadcom or any of its Affiliates from any obligations under this Agreement.


 


(b)   Third Parties.  MIPS, on behalf of itself and its Affiliates, irrevocably releases, acquits and forever discharges the Broadcom Customers and Broadcom Suppliers from and against any and all Claims which MIPS or its Affiliates may have or obtain for infringement of the Licensed Patents (whether direct, contributory or by inducement, and whether or not willful) to the extent such infringement arises from (i) the use, sale, offer for sale, or import by or for any Broadcom Customer of any Broadcom Licensed Product Sold by or for Broadcom or any of its Affiliates, but solely to the extent such infringing activity would have been covered by the licenses or covenants granted in Section 3 if such activity occurred after the Effective Date, or (ii) the manufacture or supply by any Broadcom Supplier of any Broadcom Licensed Product (or any component thereof) to or on behalf of Broadcom or any of its Affiliates, but solely to the extent such infringing activity would have been covered by the licenses or covenants granted in Section 3 if such activity occurred after the Effective Date.


 


2.2   Broadcom Release.


 


(a)    Broadcom, on behalf of itself and its Affiliates, irrevocably releases, acquits and forever discharges MIPS and its Affiliates and their respective officers, directors, employees, agents, successors, assigns, representatives, and attorneys from any and all Claims for indemnification by Broadcom and its Affiliates arising in connection with U.S. Patent [*] asserted by [*], including in connection with the matter styled [*] pending in the United States District Court for the District of [*].


 


(b)    The Parties acknowledge and agree that as of the Effective Date, and subject to the release set forth in Section 2.2(a) above, MIPS’ liabilities and Broadcom’s remedies for patent infringement indemnification under the MIPS Technology Licenses shall be subject to the limitations set forth in the amendments to such MIPS Technology Licenses attached hereto.  Neither Broadcom nor its Affiliates may bring any patent infringement indemnification claim against MIPS or its Affiliates under such MIPS Technology Licenses except as expressly permitted under such MIPS Technology Licenses, as so amended.


 


 




 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


2.3   Waiver.  Each Party and its Affiliates expressly, knowingly and intentionally waive for themselves and their legal successors and assigns, the benefits and rights of Section 1542 of the California Civil Code, which states as follows:


 


“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”


 


Each Party and its Affiliates acknowledge that they have received independent legal advice from their attorneys with respect to waiving the provisions of California Civil Code § 1542 and acknowledge that this waiver is a material inducement to and consideration for the other party’s execution of the Agreement.  Each Party and its Affiliates likewise waive the benefits of any statute, rule, doctrine or common law principle of any jurisdiction of similar effect to Section 1542 of the California Civil Code.


 


 


ARTICLE III – LICENSES AND COVENANTS


 


3.1   License Grants.


 


(a)   Licensed Patents.  MIPS (on behalf of itself and its Affiliates) hereby grants to Broadcom and each of its Affiliates a fully paid-up and royalty-free, non-assignable (except as provided in ARTICLE VI), non-transferable (except as provided in ARTICLE VI), irrevocable, non-terminable (except as set forth in Section 5.1 below), non-exclusive, worldwide license, without the right to sublicense, under the Licensed Patents, to (i) make, have made, use, Sell, offer to Sell and import Broadcom Licensed Products, (ii) practice any process, method, or procedure claimed in the Licensed Patents in connection with such manufacture, use, Sale, offer to Sell or import of the Broadcom Licensed Products, and (iii) make, have made, use, import and otherwise practice under the Licensed Patents for Broadcom’s or any of its Affiliates’ internal use or internal business operations.


 


(b)   Contractors; Third Party Service Providers.  The license set forth in this Section 3.1 includes the right for Broadcom and its Affiliates to have the license rights exercised on its behalf by contractors and Third Party service providers solely in connection with the provision of services to Broadcom or its Affiliates.


 


(c)   Software. The license set forth in this Section 3.1 shall be deemed to extend to and cover software provided by Broadcom and its Affiliates [*] Broadcom Licensed Products, including the right for Broadcom and its Affiliates to directly and indirectly grant Third Parties (and authorize such Third Parties to grant) rights to use, reproduce, modify, prepare derivative works of, distribute (directly and indirectly through multiple tiers of distribution) and otherwise exploit such software [*] in connection with Broadcom Licensed Products and [*] contained in the software [*] Broadcom or its Affiliates or otherwise relating to the [*] the  Broadcom Licensed Product.


 



 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


 


(d)   Combinations. The license set forth in this Section 3.1 shall be deemed to extend to and cover any combination or use of a [*] by [*] together with a product, service or other item that is not a [*] (a “Combination”) [*].


 


(e)   No Foundry Rights.  The parties acknowledge and agree that the covenants and licenses in this Agreement are intended to cover only Broadcom Licensed Products and are not intended to cover any foundry manufacturing activities which Broadcom or any of its Affiliates may undertake for or on behalf of any Third Party based on IC designs provided by such Third Party in substantially completed form.


 


3.2   Exhaustion.  MIPS expressly recognizes, agrees and acknowledges that the licenses and covenants granted by this Agreement shall fully exhaust (based on principles of, and solely to the extent of, patent exhaustion under U.S. law) MIPS’ rights under all claims of the Licensed Patents relating to the Broadcom Licensed Products not only as to Broadcom and its Affiliates, but also as to all Broadcom Customers and Broadcom Suppliers.  Such exhaustion shall apply on a worldwide basis regardless of where the Broadcom Licensed Product is made, used or first sold (e.g., regardless of whether first sold in the United States or a foreign country).  This Agreement in no way limits or restricts the Broadcom Customers to which Broadcom or its Affiliates are entitled to sell Broadcom Licensed Products.


 


3.3   Covenants Not to Sue.


 


(a)    MIPS and its Affiliates covenant not to Assert any Claim against (i) Broadcom or any of its Affiliates, for infringement of any Licensed Patent (whether direct, contributory or by inducement, and whether or not willful) resulting from the use, manufacture, Sale, offer to Sell or import of any Broadcom Licensed Product, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such use, manufacture, Sale or import of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1.


 


(b)    MIPS and its Affiliates covenant not to Assert any Claim against (i) any Broadcom Supplier for infringement of any Licensed Patent (whether direct, contributory, by inducement, and whether or not willful) resulting from the manufacture or supply of any Broadcom Licensed Product to or on behalf of Broadcom or any of its Affiliates, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such manufacture or supply of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1 and (ii) any Broadcom Customer for infringement of any Licensed Patent (whether direct, contributory, by inducement, and whether or not willful) resulting from the use, Sale, offer to Sell or import of any Broadcom Licensed Product Sold by or for Broadcom or any of its Affiliates, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such use, Sale, offer to Sell or import of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1.  The covenant not to sue in this Section 3.3(b) shall apply only with respect to Broadcom Licensed Products and shall not apply to i) any products or services of any Third Party or ii) any Combination that is outside the scope of Section 3.1(d).  If a [*] MIPS or any of its Affiliates for a Patent [*] by such 


 



 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40









 


 


[*] (prior to [*] by MIPS or its Affiliates [*]), then the [*] of [*] under this Section 3.3(b) will be [*] while such Assertion remains pending; provided, however, that the foregoing will not be construed as [*] limiting the releases in Section 2.1, the license granted in Section 3.1 or the covenant granted in Section 3.3(a) above.  In the event of a breach of the covenant set forth in this Section 3.3(b), MIPS or its respective Affiliate will have [*] by dismissing the respective Claim that was Asserted in violation of this Section 3.3(b).




 


3.4   No Other Rights.  No releases, rights or licenses are granted under any Licensed Patents except as expressly provided in Section 2.1 and this Section 3, whether by implication, estoppel or otherwise, and except as expressly provided in Section 2.1 and this Section 3, nothing contained in this Agreement is intended to confer by implication, estoppel, or otherwise, upon Broadcom, any of its Affiliates, or any other Person, a license or rights in any intellectual property rights of MIPS or any of its Affiliates.  Notwithstanding anything to the contrary, nothing in this Agreement shall be construed as granting or conveying any release, license, covenant or other right under or with respect to any Patents of Broadcom or any of its Affiliates, whether expressly, by implication, estoppel or otherwise.


 


3.5   Other Patents.  If, [*], MIPS or any of its Affiliates [*]or [*] of any [*] directly or indirectly to any date within the Capture Period that is not [*], then MIPS and/or such Affiliate shall not take any action at any time during the term to enforce or consent to or permit the enforcement of such Patent against Broadcom or its Affiliates or with respect to any Broadcom Licensed Product to the extent the allegedly infringing activity is within the scope that would have been subject to the license set forth in Section 3.1 if the Patent had [*].  If a Patent that would otherwise qualify as [*] but does not solely as a result of the fact that such Patent is [*] (other than [*]), Broadcom shall have the right to include such Patent under the releases and licenses granted to Broadcom and its Affiliates under this Agreement [*] agrees to [*] required to [*] by reason of such [*].


 


3.6   Affiliates.  Each party shall ensure that all of its Affiliates are bound by the applicable releases, covenants, and licenses under this Agreement.


 


3.7   Further Assurances.  Each party hereby agrees to execute any further documents, including any declaration, oath, affidavit, assignment, confirmation or other instrument reasonably necessary or appropriate to complete, effectuate or give full effect to the release, license rights and/or covenants not to sue granted to the other party in this Agreement.


 


ARTICLE IV  – CONSIDERATION


 


4.1   Payment Amount.  In consideration of the releases, licenses and covenants granted by MIPS hereunder, Broadcom shall pay to MIPS a total amount of Twenty Six Million, Five Hundred Thousand United States Dollars ($26,500,000), on the terms and schedule set forth in Section 4.2 below.  The foregoing payment (totaling $26,500,000) shall be the sole remuneration to MIPS under this Agreement and Broadcom and its Affiliates shall not be required to make any other payments under this Agreement or in connection with the Licensed Patents.


 




 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


4.2   Payment Date.  The payment amount identified in Section 4.1 above is due and payable on the Effective Date, and shall be paid within five (5) business days after the Effective Date.  On or before five (5) business days after the Effective Date, Broadcom shall pay, or shall cause its designee to pay, MIPS the amount identified in Section 4.1 above by wire transfer to: [*].  Broadcom shall have sole discretion over allocation of the payment obligation between Broadcom and any of its Affiliates.


 


ARTICLE V – TERM AND REMEDIES FOR BREACH


 


5.1   Term.  The term of this Agreement shall commence upon the Effective Date and shall continue until the expiration of the last to expire of the Licensed Patents, unless earlier terminated for uncured breach of Broadcom’s payment obligation as expressly set forth below.  In no event shall rescission or termination of this Agreement be a remedy for any breach hereof by either party, except that MIPS shall have the right to terminate this Agreement upon notice to Broadcom, if Broadcom fails to pay the amount set forth in Section 4.1 and fails to cure such non-payment within [*] after receipt of notice thereof.  Upon payment of the amount set forth in Section 4.1, the rights and licenses granted to Broadcom and its Affiliates under this Agreement shall be irrevocable and non-terminable by MIPS or any of its Affiliates for any reason.


 


5.2   Defense to Infringement Claims.  This Agreement may be offered in evidence and pleaded as an affirmative defense to any Claims that may be instituted, prosecuted, or attempted that Broadcom, any of its Affiliates, or any Broadcom Licensed Product infringes any Licensed Patent.  In any such action, and in any action to enforce this Agreement, the prevailing person or entity shall recover its reasonable attorneys’ fees and costs.  Any filing of this Agreement in such a proceeding shall be done under seal.


 


5.3   Remedies.  The parties acknowledge and agree that, subject to Section 5.1: (i) any breach of this Agreement may result in immediate and irreparable injury for which there may be no adequate remedy available at law; and (ii) in addition to any other remedies available, specific performance and injunctive relief may be appropriate remedies to compel performance of this Agreement.


 


ARTICLE VI  – ASSIGNMENT AND TRANSFER


 


6.1   Transfer of Licensed Patents.  MIPS agrees, on behalf of itself and its Affiliates, that all of the licenses, releases, covenants not to sue and other rights granted by them and all their obligations set forth in this Agreement that relate to the Licensed Patents (the “Patent Obligations”) shall run with any Licensed Patents that are transferred. MIPS shall ensure that any assignee, transferee or successor to any of the Licensed Patents (including the acquiring or surviving entity in connection with any acquisition or other Change of Control of MIPS), or any other entity (such as an exclusive licensee) that obtains any enforcement rights with respect to any of the Licensed Patents is notified in advance of and agrees in writing, prior to or as part of such assignment, transfer or grant, to be bound by all such Patent Obligations (including the obligation to obtain such written agreement from any subsequent assignee, transferee, successor or grantee).


 




 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


6.2   Former MIPS Affiliates.  If an Affiliate of MIPS that holds any Licensed Patent ceases to be an Affiliate of MIPS (a “Former MIPS Affiliate”), such rights and licenses granted by such Former MIPS Affiliate (including every successor entity in interest to any such patents or utility models and applications therefor) during the time such entity was a MIPS Affiliate shall continue in accordance with the terms of this Agreement after such entity becomes a Former MIPS Affiliate.


 


6.3   Former Broadcom Affiliates.  If an Affiliate of Broadcom ceases to be an Affiliate of Broadcom (a “Former Broadcom Affiliate”), the rights and licenses granted to such Former Broadcom Affiliate will remain in effect, but will be limited to and shall apply solely with respect to those Broadcom Licensed Products that have been made commercially available prior to or at the time it becomes a Former Broadcom Affiliate and error corrections and minor enhancements thereto (“Existing Products”).  Notwithstanding anything to the contrary, the parties acknowledge and agree that no right, license, or interest in or to any Licensed Patent does or shall extend to the acquirer, successor, assign, or other Third Party (each a “Successor Entity”) by reason of participating in any acquisition or similar transaction in which the Former Broadcom Affiliate ceases to be an Affiliate of Broadcom (“Divestiture Transaction”), including any rights as to any past, present or future product or service of the Successor Entity except for the rights and license granted to the applicable Former Broadcom Affiliate in connection with the Existing Products of such Former Broadcom Affiliate.  Nothing in this Section 6.3 shall be construed as limiting any of the rights and licenses granted to Broadcom, or to any of its Affiliates who remain Affiliates of Broadcom after the respective Divestiture Transaction, which shall remain in effect without restriction.


 


6.4   New Broadcom Affiliates.  If a Third Party that recognizes and reports annual revenue, as measured in accordance with United States generally accepted accounting principles (“GAAP”) or International Financial Reporting Standards (“IFRS”), that are [*] becomes an Affiliate of Broadcom [*], the licenses, covenants and releases under this Agreement will automatically extend to such Third Party at the time [*].  If a Third Party that recognizes and reports annual revenue, as measured in accordance with GAAP or IFRS, that are [*] becomes an Affiliate of Broadcom [*], the licenses and covenants under this Agreement will automatically extend to such Person at the time [*] with respect to products and services meeting the definition of [*] on or after such time; provided, however, that (i) if MIPS or its Affiliate has Asserted a Claim of infringement of a Licensed Patent against such Third Party in patent litigation pending as of the date of the transaction or series of related transactions under which the Third Party will become an Affiliate of Broadcom (“Acquisition”), then the products of such Third Party accused of infringing the Licensed Patents in such action (“Accused Products”) will not be considered to become [*] under this Agreement by reason of such Acquisition and this Agreement will not be construed as preventing MIPS or its Affiliate from continuing to pursue such litigation against the Third Party with respect to the Accused Products; and (ii) the releases under this Agreement will not be extended to such Person for activities prior to the time that such Person becomes [*].  As used above, [*] means [*] then-current annual revenues, in each case as measured over the preceding [*] at the time the respective Person becomes an Affiliate.


 


6.5   Assignment.  This Agreement and the rights and licenses granted herein shall inure to the benefit of the parties and their permitted successors and assigns.  Neither party to this 


 




 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40











 


 


Agreement shall assign or transfer any of its rights or privileges hereunder without the prior written consent of the other party, except that either party may assign this Agreement without the other party’s consent to a successor to all or substantially all of its business or assets to which this Agreement relates, whether by merger, acquisition or other transaction or series of related transactions.  In the event of a Change of Control of Broadcom, the parties acknowledge and agree to the following: the rights and licenses granted to Broadcom under this Agreement with respect to Broadcom Licensed Products will remain in effect prospectively solely with respect to past, present and future Broadcom Licensed Products of (i) Broadcom or its surviving successor entity itself in such Change of Control transaction (“Surviving Broadcom Entity”) and (ii) the Affiliates of Broadcom prior to such Change of Control who are or become Affiliates of the Surviving Entity as a result of such Change of Control transaction (“Surviving Broadcom Affiliates”), but will not extend to any past, present or future product or service of the Third Party involved in the Change of Control transaction (other than the Surviving Broadcom Entity and Surviving Broadcom Affiliates) (“Acquirer”).  Notwithstanding anything to the contrary, the parties acknowledge and agree that no right, license, or interest in or to any Licensed Patent does or shall extend to the Acquirer by reason of the Change of Control transaction, including any rights as to any past, present or future product or service of the Acquirer, except for the rights and license granted to the Acquirer in connection with the Broadcom Licensed Products of the Surviving Broadcom Entity and Surviving Broadcom Affiliates. As used herein, a “Change of Control” means a transaction or series of related transactions in which Broadcom consolidates or merges with or into a Third Party, or sells or transfers all or substantially all of its assets to a Third Party, if the holders of Voting Power of Broadcom as constituted immediately prior to the transaction or series of related transactions will hold, immediately after the transaction or series of related transactions, less than fifty (50%) of the Voting Power of the surviving Person.




 


ARTICLE VII – REPRESENTATIONS AND WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY


 


7.1   Representations and Warranties; Disclaimer.


 


(a)   Each of the parties hereto represents and warrants that (i) it has the right and authority to enter into this Agreement and perform and discharge its obligations hereunder, and (ii) it has not entered into and is not subject to any agreement or obligation that conflicts with this Agreement or the performance of its obligations under this Agreement.


 


(b)   Subject to the Section of Exhibit B (Disclosure Schedule) corresponding to the relevant subclause of this Section ‎7.1(b), MIPS represents and warrants that (i) Exhibit A sets forth a complete and accurate list of all Patents owned or purported to be owned by MIPS or any of its Affiliates or that have been filed or issued by or in the name of MIPS or any of its Affiliates, (ii) it or one of its Affiliates is the sole and exclusive owner of the Listed Patents, including all rights to recover for alleged infringement of the Listed Patents, (iii) it has the right to grant releases, covenants and licenses with respect to the Listed Patents of the full scope set forth herein and, to its knowledge, there are no Licensed Patents other than the Listed Patents; (iv) no payment of consideration to or consent by any Third Party is required for the covenants, releases and licenses granted herein; (v) neither it nor any of its Affiliates has assigned or 


 




 





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[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40











 


 


otherwise transferred any of its ownership or exclusive rights to any Patent after [*] that would otherwise constitute a Licensed Patent under this Agreement if such ownership or exclusive rights had been retained by MIPS or its Affiliate; and (vi) the Affiliates of MIPS as of the Effective Date are listed in Exhibit C and, as of the Effective Date, there is no other Person that directly or indirectly Controls, is Controlled by or is under common Control with MIPS or any of its Affiliates.




 


(c)   MIPS represents and warrants that neither MIPS nor any of its Affiliates, in anticipation of this Agreement participated in any transaction or series of transactions where the result of such transaction(s) is (or was) to avoid extending to Broadcom or its Affiliates the license rights and covenants set forth in this Agreement that Broadcom and its Affiliates otherwise would have enjoyed.


 


(d)   Nothing in this Agreement shall be construed as: (i) requiring the filing of any patent application, the securing of any patent, or the maintaining of any patent in force; (ii) a warranty or representation as to the validity, enforceability, value, or scope of any Patent or other intellectual property right; (iii) a warranty or representation that any manufacture, sale, offering to sell, lease, use, importation, or other disposal of any product, software, or service will not infringe or will be free from infringement of any Patents or other intellectual property rights of any Third Party; or (iv) an agreement to bring or prosecute actions or suits against any Third Party for infringement.


 


(e)   EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR PURPOSE, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.


 


(f)   EXCEPT WITH RESPECT TO [*], IN NO EVENT SHALL [*] BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY OTHER PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.


 


 


ARTICLE VIII– CONFIDENTIALITY


 


8.1    Confidentiality.


 


(a)   Absent the express written consent of the other Party and except as expressly provided herein, each Party shall keep the terms of this Agreement strictly confidential and shall not disclose any of the terms of this Agreement to any Third Party.


 




 





-11-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


(b)   The Parties recognize that certain disclosures of certain terms of this Agreement may be reasonably necessary for the enjoyment of their rights and the performance of their obligations hereunder, and that such disclosures will not require the other Party’s consent.  Subject to the terms and conditions herein, the following disclosures are permitted hereunder: (i) disclosures by Broadcom to any Broadcom Customers and Broadcom Suppliers of Broadcom’s rights under the Licensed Patents; (ii) disclosures to any [*] of the rights, terms, conditions, obligations and covenants set forth herein with respect to [*]; (iii) disclosures to a Party’s auditors, accountants or legal counsel in connection with the engagement of such advisors; and (iv) disclosures to any [*].  In disclosures (ii) and (iv), Article IV shall be redacted (except in the case of an actual permitted assignment of this Agreement under (iv) above).  In addition, any disclosure under (ii) or (iv) shall be on a confidential, outside attorneys’ eyes basis only unless and until [*].  Prior to and as a condition of making a permitted disclosure to a Third Party, the Party making such disclosure shall obtain or have obtained the written agreement of such Third Party obligating such Third Party to non-disclosure and use restrictions as least as protective as those set forth herein, and ensuring that such Third Party will not disseminate the information disclosed regarding the terms of this Agreement to any subsequent Third Party or use such information for any reason other than the reason for which such information is provided to such Third Party.  Notwithstanding the above, in no event shall either Party disseminate the terms of this Agreement to any Third Party that does not reasonably need access to such information.


 


(c)   If either Party is required to disclose this Agreement or any of its terms or provisions by law, order, request, or regulation of a court of competent jurisdiction or other governmental agency such that this Agreement or any of its terms or provisions will be made publicly available, then such disclosing Party shall use reasonable efforts to provide the other Party with reasonable advance written notice thereof and, if possible under the circumstances, an opportunity to object to and to try to prevent such disclosure.  If either Party believes that it will be necessary to file a copy of all or a portion of this Agreement with the United States Securities and Exchange Commission (“SEC”) or any other governmental agency such that this Agreement or any of its terms or provisions will be made publicly available, it shall notify the other Party prior to any such filing, provide the other Party with a copy of what it intends to file with the SEC or other governmental agency before making any such filing, request confidential treatment (or a protective order or the equivalent, as applicable) for such disclosure (or such portions as the parties may mutually agree), and provide the other Party with any responses received from the SEC or governmental agency in respect of its request for confidential treatment (or a protective order or the equivalent, if applicable) and any responses thereto by the first Party.  If confidential treatment or a protective order or the equivalent is not available for this entire Agreement, the Parties agree to seek confidential treatment for such provisions that either Party may reasonably request.  The application for confidential treatment or protective order must be consistent with the requirements of the Freedom of Information Act, rules of the SEC and other applicable laws, rules, or regulations.  In addition, each Party shall inform the other Party if the first Party receives notice that disclosure of the Agreement is being sought under the Freedom of Information Act or any similar foreign law, rule, or regulation and use reasonable efforts to maintain confidential treatment if such disclosure is sought.


 




 





-12-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


(d)   The Parties’ obligations under this ARTICLE VIII will not apply to any information that is or becomes generally available to the public through no wrongful act or omission on the part of either Party.


 


(e)   All prior communications, correspondence, documents, drafts and other information exchanged in connection with the negotiation of this Agreement shall be governed by the terms of that certain Mutual Non-disclosure Agreement dated June 15, 2012 between MIPS and Broadcom.


 


ARTICLE IX – MISCELLANEOUS PROVISIONS


 


9.1   Notices.  All notices required or permitted to be given hereunder shall be in writing and shall be delivered by hand, or if dispatched by prepaid air courier or by registered or certified airmail, postage prepaid, addressed as follows:


 


 


If to MIPS:             Attn: General Counsel


MIPS Technologies, Inc.


955 East Arques Avenue


Sunnyvale, California  94085


 


If to Broadcom:     Attn: Executive Vice President and General Counsel


        Broadcom Corporation


        5300 California Avenue


        Irvine, California  92617


 


Such notices shall be deemed to have been served when received by addressee or, if delivery is not accomplished by reason of some fault of the addressee, when tendered for delivery.  Either party may give written notice of a change of address and, after notice of such change has been received, any notice or request shall thereafter be given to such party as above provided at such changed address.


 


9.2   Governing Law.  This Agreement and matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the United States of America and the State of California, without reference to conflict of laws principles.


 


9.3   Jurisdiction.  MIPS and Broadcom agree (a) that all disputes and litigation between the parties regarding this Agreement and matters connected with its performance be subject to the exclusive jurisdiction of the federal and state courts located in the Northern District of California, and (b) to submit any disputes, matters of interpretation, or enforcement actions arising with respect to the subject matter of this Agreement exclusively to these courts.  The parties hereby waive any challenge to the jurisdiction or venue of these courts over these matters.  This Section 9.3 shall not be construed as restricting or limiting Broadcom’s or any Third Party’s ability to immediately assert a release, license, covenant or other defense in any 


 




 





-13-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40











 


 


litigation or other proceeding against Broadcom or its Affiliates, or its or their products subject to the releases and other covenants and rights under this Agreement, or the resellers, distributors or customers of such products, regardless of jurisdiction or venue.  If any legal action or proceeding relating to this Agreement is brought by either party or its Affiliates against the other party or its Affiliates, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).




 


9.4   Bankruptcy.  Each party acknowledges that all rights, covenants not to sue and licenses granted under or pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(56) of the Bankruptcy Code.  Each party acknowledges that if such party, as a debtor in possession or a trustee-in-bankruptcy in a case under the Bankruptcy Code, rejects this Agreement, the other party may elect to retain its rights under this Agreement as provided in Section 365(n) of the Bankruptcy Code.  Each party irrevocably waives all arguments and defenses arising under 11 U.S.C. 365(c)(1) or successor provisions to the effect that applicable law excuses the party, other than the debtor, from accepting performance from or rendering performance to an entity other than the debtor or debtor in possession as a basis for opposing assumption of the Agreements by the other party in a case under Chapter 11 of the Bankruptcy Code to the extent that such consent is required under 11 U.S.C. § 365(c)(1) or any successor statute.


 


9.5   Severability.  If any provision or portion of a provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid under any applicable statute or rule of law, such court is authorized to modify such provision to the minimum extent necessary to make it enforceable and valid, or eliminate such provision if such modification is not possible, and the remaining provisions or portions of provisions of this Agreement shall in no way be affected or impaired thereby. To the extent a court refuses to give effect to the prior sentence, the parties agree to negotiate in good faith an enforceable substitute provision for any invalid or unenforceable provision or portion of a provision that most nearly achieves the intent of such provision or portion, and the remaining provisions or portions of provisions of this Agreement shall in no way be affected or impaired thereby.


 


9.6   Entire Agreement.  Each party represents and warrants that no promise, inducement, or agreement not expressly set forth herein has been made in connection with this Agreement.  This Agreement is an integrated document representing the entire understanding between the parties with respect to the subject matter hereof.  The parties agree that this Agreement (including its Exhibits) supersedes and supplants all prior or contemporaneous agreements, proposal, or understandings, whether written or oral, between them with respect to the same subject matter; provided, however, that the MIPS Technology Licenses, as amended by Attachments 1, 2 and 3, will remain in full force and effect as separate agreements between the parties.  For the avoidance of doubt, all purchase, supply and license agreements between MIPS and Broadcom shall remain in full force and effect in accordance with their terms.


 


9.7   Modification; Waiver.  This Agreement may not be modified, amended, supplemented, or repealed except by written agreement executed by duly authorized representatives of the parties, expressly stating that it is the intention of the parties to modify this 


 




 





-14-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40












 




 


 


Agreement. No waiver of, or failure of a party to object to, or failure of a party to take affirmative action with respect to any default, term, or condition of this Agreement, or any breach thereof, shall be deemed to imply or constitute a waiver of any other like default, term, or condition of this Agreement or subsequent breach thereof; nor shall any partial exercise of any right or power preclude any further exercise thereof or the exercise of any other right or power arising from any breach by a party.




 


9.8   Construction.  This Agreement shall be construed in all respects as jointly drafted and shall not be construed, in any way, against either party on the ground that the party or its  counsel drafted this Agreement.  As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”  The headings in this Agreement are for convenience only, and shall in no way limit, alter of effect the meaning of this Agreement.


 


9.9   Advice of Counsel.  Each party warrants to the other that it has carefully read this Agreement, knows its contents, and has freely and voluntarily executed it without any duress or undue influence on the part of the other party.  Each party, by execution of this Agreement, represents that such party has reviewed each term of this Agreement with such party’s legal counsel and that such party will not deny the validity of any term of this Agreement on lack of advice of counsel.  Each party acknowledges that such party has been represented by independent counsel of that party’s choice throughout all negotiations preceding the execution of this Agreement, and that such party has executed this Agreement with the consent, and upon the advice, of such independent counsel.


 


9.10   Counterparts.  This Agreement may be executed in counterparts or duplicate originals, both of which shall be regarded as one and the same instrument, and which shall be the official and governing version in the interpretation of this Agreement.  This Agreement may be executed by facsimile or .pdf signatures and such signatures shall be deemed to bind each party as if they were original signatures.


 


[Remainder of Page Intentionally Blank]





 





-15-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


 


SIGNATURE PAGE


TO


BROADCOM/MIPS LICENSE AGREEMENT


 


 


 


IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed below by their respective duly authorized officers.


 


 



	 MIPS TECHNOLOGIES, INC.   	 	 BROADCOM CORPORATION
	 	 	 	 	 	 
	 	 	 	 	 	 
	 By:	 /s/ SANDEEP VIJ	 	  By:	 /s/ SCOTT McGREGOR	 
	 	 	 	 	 	 
	 Name:	 Sandeep Vij	 	  Name:	 Scott McGregor	 
	 	 	 	 	 	 
	 Title:	 CEO	 	  Title:	 CEO	 
	 	 	 	 	 	 
	 Date:	 June 29, 2012	 	  Date:	 June 29, 2012	 





 


 



 





-16-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


 


Exhibit A:


Listed Patents


 



	Ctry	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
12/985680

	
1/6/2011

	
8209522

	
6/26/2012

	
System and Method for Extracting Fields from Packets having Fields Spread over more than One Register


	
US

	
Granted

	
12/576942

	
10/9/2009

	
8190865

	
5/29/2012

	
Instruction Encoding For System Register Bit Set and Clear {amended from} Instruction encoding for set/clear of a single bit in any coprocessor register


	
US

	
Granted

	
11/943751

	
11/21/2007

	
8190665

	
5/29/2012

	
Random Cache Line Refill Order


	
US

	
Granted

	
11/557005

	
11/6/2006

	
8185879

	
5/22/2012

	
External Trace Synchronization via Periodic Sampling


	
US

	
Granted

	
12/506153

	
7/20/2009

	
8185717

	
5/22/2012

	
Apparatus and Method for Profiling Software Performance on a Processor with Non-Unique Virtual Addresses


	
US

	
Granted

	
11/279914

	
4/17/2006

	
818100

	
5/15/2012

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
US

	
Granted

	
11/284069

	
11/21/2005

	
8171262

	
5/1/2012

	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
US

	
Granted

	
12/684564

	
1/8/2010

	
8151268

	
4/3/2012

	
Multithreading Microprocessor with Optimized Thread Scheduler for Increasing Pipeline Utilization Efficiency


	
US

	
Granted

	
11/517569

	
9/8/2006

	
8151093

	
4/3/2012

	
Software Programmable Hardware State Machines


	
US

	
Granted

	
12/605201

	
10/23/2009

	
8145884

	
3/27/2012

	
Apparatus, Method and Instruction for Initiation of Concurrent Instruction Streams in a Multithreading Microprocessor


	
US

	
Granted

	
11/442696

	
5/25/2006

	
8145882

	
3/27/2012

	
Apparatus and Method for Processing Template Based User Defined Instructions {f.k.a.} Apparatus and Method to Facilitate the Processing of Template Based User Defined Instructions


	
US

	
Granted

	
11/859198

	
9/21/2007

	
8131941

	
3/6/2012

	
Support for Multiple Coherence Domains


	
US

	
Granted

	
11/684156

	
3/9/2007

	
8103987

	
1/24/2012

	
System and Method for Managing the Design and Configuration of an Integrated Circuit Semiconductor Design


	
US

	
Granted

	
12/649132

	
12/29/2009

	
8081645

	
12/20/2011

	
Context Sharing Between A Streaming Processing Unit (SPU) and A Packet Management (PMU) In A Packet Processing Environment {f.k.a.} Method and Apparatus for Optimizing Selection of Available Contexts for Packet Processing in Multi-Stream Packet Processing


	
US

	
Granted

	
12/911392

	
10/25/2010

	
8078806

	
12/13/2011

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/640491

	
12/18/2006

	
8078486

	
12/13/2011

	
Conditional Move Instruction Formed Into One Decoded Instruction to be Graduated and Another Decoded Instruction to be Invalidated  {f.k.a.} Twice Issued Conditional Move Instruction, and Applications Thereof


	
US

	
Granted

	
12/185594

	
8/4/2008

	
8077734

	
12/13/2011

	
Method and Apparatus for Predicting Characteristics of Incoming Data Packets to Enable Speculative Processing to Reduce Processor Latency


	
US

	
Granted

	
12/480414

	
6/8/2009

	
8074058

	
12/6/2011

	
Providing Extended Precision in SIMD Vector Arithmetic Operations


	
US

	
Granted

	
11/838648

	
8/14/2007

	
8069354

	
11/29/2011

	
Power Management for System Having One or More Integrated Circuits


	
US

	
Granted

	
12/000413

	
12/12/2007

	
8051320

	
11/1/2011

	
Clock Ratio Controller for Dynamic Voltage and Frequency Scaled Digital Systems, and Applications Thereof


	
US

	
Granted

	
12/557421

	
9/10/2009

	
8037253

	
10/11/2011

	
Method and Apparatus for Global Ordering to Insure Latency Independent Coherence


	
US

	
Granted

	
11/515723

	
9/6/2006

	
8032734

	
10/4/2011

	
Coprocessor Load Data Queue for Interfacing an Out-Of-Order Execution Unit with an In-Order Coprocessor {f.k.a.}


 


Coprocessor Interface Unit for a Processor, and Applications Thereof


	
US

	
Granted

	
12/021110

	
1/28/2008

	
8024539

	
9/20/2011

	
Virtual Processor Based Security for On-Chip Memory, and Applications Thereof


	
US

	
Granted

	
11/949418

	
12/3/2007

	
8024393

	
9/20/2011

	
Processor with Improved Accuracy for Multiply-Add Operations


	
US

	
Granted

	
12/047257

	
3/12/2008

	
8001283

	
8/16/2011

	
Efficient, Scalable and High Performance Mechanism for Handling IO Requests


	
US

	
Granted

	
11/532523

	
9/16/2006

	
7990989

	
8/2/2011

	
Transaction Selector Employing Transaction Queue Group Priorities in Multi-Port Switch


	
US

	
Granted

	
12/477059

	
6/2/2009

	
7969186

	
6/28/2011

	
Apparatus and Method for Forming a Mixed Signal Circuit with Fully Customizable Analog Cells and Programmable Interconnect


	
US

	
Granted

	
11/532522

	
9/16/2006

	
7961745

	
6/14/2011

	
Bifurcated Transaction Selector Supporting Dynamic Priorities in Multi-Port Switch







 




 





-17-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40











 


 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
12/432227

	
4/28/2009

	
7926062

	
4/12/2011

	
Interrupt and Exception Handling for Multi-Streaming Digital Processors


	
US

	
Granted

	
12/348181

	
1/2/2009

	
7925864

	
4/12/2011

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
US

	
Granted

	
12/495375

	
6/30/2009

	
7925859

	
4/12/2011

	
Three-Tiered Translation Lookaside Buffer Hierarchy in a Multithreading Microprocessor


	
US

	
Granted

	
11/976713

	
10/26/2007

	
7917882

	
3/29/2011

	
Automated Digital Circuit Design Tool that Reduces or Eliminates Adverse Timing Constraints Due to an Inherent Clock Signal Skew, and Applications Thereof


	
US

	
Granted

	
11/963503

	
12/21/2007

	
7917699

	
3/29/2011

	
Apparatus and Method for Controlling the Exclusivity Mode of a Level-Two Cache


	
US

	
Granted

	
10/193682

	
7/12/2002

	
7911952

	
3/22/2011

	
Interface with Credit-Based Flow Control and Sustained Bus Signals


	
US

	
Granted

	
12/274104

	
11/19/2008

	
7900207

	
3/1/2011

	
Interrupt and Exception Handling for Multi-Streaming Digital Processors


	
US

	
Granted

	
12/421268

	
4/9/2009

	
7899993

	
3/1/2011

	
Microprocessor Having a Power-Saving Instruction Cache Way Predictor and Instruction Replacement Scheme


	
US

	
Granted

	
12/544167

	
8/19/2009

	
7895423

	
2/22/2011

	
Method for Extracting Fields from Packets having Fields Spread over more than One Register {as amended}


	
US

	
Granted

	
11/747666

	
5/11/2007

	
7886150

	
2/8/2011

	
System Debug and Trace System and Method, and Applications Thereof


	
US

	
Granted

	
10/923584

	
8/20/2004

	
7886129

	
2/8/2011

	
Configurable Co-processor Interface


	
US

	
Granted

	
11/552764

	
10/25/2006

	
7877481

	
1/25/2011

	
Method and Apparatus for Overflowing Data Packets to a Software-Controlled Memory when they do not Fit into a Hardware-controlled Memory


	
US

	
Granted

	
11/272718

	
11/15/2005

	
7873820

	
1/18/2011

	
Processor Utilizing a Loop Buffer to Reduce Power Consumption


	
US

	
Granted

	
10/956498

	
10/1/2004

	
7873810

	
1/18/2011

	
Microprocessor Instruction Using Address Index Values  to Enable Access of a Virtual Buffer in Circular Fashion


	
US

	
Granted

	
11/330916

	
1/11/2006

	
7870553

	
1/11/2011

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
11/616539

	
12/27/2006

	
7865647

	
1/4/2011

	
Efficient Resource Arbitration


	
US

	
Granted

	
11/410146

	
4/25/2006

	
7860911

	
12/28/2010

	
Extended Precision Accumulation


	
US

	
Granted

	
11/051978

	
2/4/2005

	
7853777

	
12/14/2010

	
Instruction/Skid Buffers in a Multithreading Microprocessor That Store Dispatched Instructions to Avoid Re-Fetching Flushed Instructions { as amended } Instruction/Skid Buffers in a Multithreading Microprocessor


	
US

	
Granted

	
11/313272

	
12/20/2005

	
7849297

	
12/7/2010

	
Software Emulation of Directed Exceptions in a Multithreading Processor


	
US

	
Granted

	
11/616558

	
12/27/2006

	
7840874

	
11/23/2010

	
Speculative Cache Tag Evaluation


	
US

	
Granted

	
11/330915

	
1/11/2006

	
7836450

	
11/16/2010

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
12/185587

	
8/4/2008

	
7822943

	
10/26/2010

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/702659

	
2/6/2007

	
7793077

	
9/7/2010

	
Alignment and Ordering of Vector Elements for Single Instruction Multiple Data Processing


	
US

	
Granted

	
11/684205

	
3/9/2007

	
7774723

	
8/10/2010

	
Protecting Trade Secrets During the Design and Configuration of an Integrated Circuit Semiconductor Design


	
US

	
Granted

	
11/681610

	
3/2/2007

	
7774549

	
8/10/2010

	
Horizontally-Shared Cache Victims in Multiple Core Processors


	
US

	
Granted

	
11/532521

	
9/16/2006

	
7773621

	
8/10/2010

	
Transaction Selector Employing Round-Robin Apparatus Supporting Dynamic Priorities in Multi-Port Switch


	
US

	
Granted

	
11/445518

	
6/2/2006

	
7770156

	
8/3/2010

	
Dynamic Selection of the Best Compression Algorithm for Trace Data


	
US

	
Granted

	
11/767261

	
6/22/2007

	
7769958

	
8/3/2010

	
Avoiding Livelock Using Intervention Messages in Multiple Core Processors


	
US

	
Granted

	
11/767225

	
6/22/2007

	
7769957

	
8/3/2010

	
Preventing Writeback Race in Multiple Core Processors


	
US

	
Granted

	
11/566870

	
12/5/2006

	
7765554

	
7/27/2010

	
Context Selection and Activation Mechanism for Activating one of a Group of Inactive Contexts in a Processor Core for Servicing Interrupts


	
US

	
Granted

	
10/921077

	
8/18/2004

	
7765546

	
7/27/2010

	
Interstream Control and Communications for Multi-Streaming Digital Processors


	
US

	
Granted

	
11/532520

	
9/16/2006

	
7760748

	
7/20/2010

	
Transaction Selector Employing Barrel-Incrementer-Based Round-Robin Apparatus Supporting Dynamic Priorities in Multi-Port Switch


	
US

	
Granted

	
11/051980

	
2/4/2005

	
7752627

	
7/6/2010

	
Leaky-Bucket Thread Scheduler in a Multithreading Microprocessor







 




 





-18-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
10/637006

	
8/8/2003

	
7747989

	
6/29/2010

	
Virtual Machine Coprocessor Facilitating Dynamic Compilation


	
US

	
Granted

	
12/104308

	
4/16/2008

	
7747840

	
6/29/2010

	
Latest Producer Tracking in Out-of-Order Processor


	
US

	
Granted

	
11/868429

	
10/5/2007

	
7739484

	
6/15/2010

	
Method and Apparatus for Saving and Restoring Processor Register Values and Allocating and Deallocating Stack Memory


	
US

	
Granted

	
11/767247

	
6/22/2007

	
7739455

	
6/15/2010

	
Avoiding Livelock Using a Cache Manager in Multiple Core Processors


	
US

	
Granted

	
11/261655

	
10/31/2005

	
7734901

	
6/8/2010

	
Processor Core and Method for Managing Program Counter Redirection in an Out-of-Order Processor Pipeline


	
US

	
Granted

	
11/615964

	
12/23/2006

	
7730291

	
6/1/2010

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
11/615963

	
12/23/2006

	
7725697

	
5/25/2010

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
11/615960

	
12/23/2006

	
7725689

	
5/25/2010

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
11/806845

	
6/4/2007

	
7724261

	
5/25/2010

	
Processor Having a Compare Extension of an Instruction Set Architecture


	
US

	
Granted

	
11/391716

	
3/28/2006

	
7721127

	
5/18/2010

	
Multithreaded Dynamic Voltage-Frequency Scaling Microprocessor


	
US

	
Granted

	
11/336938

	
1/23/2006

	
7721075

	
5/18/2010

	
Conditional Branch Execution in a Processor Having a Write-Tie Instruction and a Data Mover Engine that Associates Register Addresses with Memory Addresses


	
US

	
Granted

	
11/336937

	
1/23/2006

	
7721074

	
5/18/2010

	
Conditional Branch Execution in a Processor Having a Read-Tie Instruction and a Data Mover Engine that Associates Register Addresses with Memory Addresses


	
US

	
Granted

	
11/336923

	
1/23/2006

	
7721073

	
5/18/2010

	
Conditional Branch Execution in a Processor Having a Data Mover Engine That Associates Register Addresses with Memory Addresses


	
US

	
Granted

	
11/362764

	
2/28/2006

	
7721071

	
5/18/2010

	
System and Method for Propagating Operand Availability Identifiers with Instructions Through a Pipeline in an Out-of-Order Processor (as amended)


	
US

	
Granted

	
11/277293

	
3/23/2006

	
7715410

	
5/11/2010

	
Queuing System for Processors in Packet Routing Operations


	
US

	
Granted

	
11/261654

	
10/31/2005

	
7711934

	
5/4/2010

	
Processor Core and Method for Managing Branch Misprediction in an Out-of-Order Processor Pipeline


	
US

	
Granted

	
10/954988

	
9/30/2004

	
7711931

	
5/4/2010

	
Synchronized Storage Providing Multiple Synchronization Semantics


	
US

	
Granted

	
09/836541

	
4/18/2001

	
7711926

	
5/4/2010

	
Mapping System and Method for Instruction Set Processing


	
US

	
Granted

	
09/788684

	
2/21/2001

	
7711763

	
5/4/2010

	
Microprocessor Instructions for Performing Polynomial Arithmetic Operations


	
US

	
Granted

	
11/278874

	
4/6/2006

	
7707391

	
4/27/2010

	
Methods and Apparatus for Improving Fetching and Dispatch of Instructions in Multithreaded Processors


	
US

	
Granted

	
10/698061

	
10/31/2003

	
7707389

	
4/27/2010

	
Multi-ISA Instruction Fetch Unit for a Processor, and Applications Thereof (as amended)


	
US

	
Granted

	
11/537584

	
9/29/2006

	
7702055

	
4/20/2010

	
Apparatus and Method for Tracing Processor State From Multiple Clock Domains


	
US

	
Granted

	
11/674924

	
2/14/2007

	
7698533

	
4/13/2010

	
Configurable Coprocessor Interface


	
US

	
Granted

	
10/929102

	
8/27/2004

	
7694304

	
4/6/2010

	
Mechanisms for Dynamic Configuration of Virtual Processor Resources


	
US

	
Granted

	
11/191258

	
7/27/2005

	
7681014

	
3/16/2010

	
Multithreading Instruction Scheduler Employing Thread Group Priorities


	
US

	
Granted

	
11/615965

	
12/23/2006

	
7676664

	
3/9/2010

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
11/949603

	
12/3/2007

	
7676660

	
3/9/2010

	
System, Method, and Computer Program Product for Conditionally Suspending Issuing Instruction of a Thread


	
US

	
Granted

	
11/051998

	
2/4/2005

	
7664936

	
2/16/2010

	
Prioritizing Thread Selection Partly Based on Stall Likelihood Providing Status Information of Instruction Operand Register Usage at Pipeline Stages


	
US

	
Granted

	
11/463950

	
8/11/2006

	
7664920

	
2/16/2010

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/278747

	
4/5/2006

	
7661112

	
2/9/2010

	
Methods and Apparatus for Managing a Buffer of Events in the Background


	
US

	
Granted

	
11/620362

	
1/5/2007

	
7660969

	
2/9/2010

	
Multithreading Instruction Scheduler Employing Thread Group Priorities


	
US

	
Granted

	
11/051979

	
2/4/2005

	
7657891

	
2/2/2010

	
Multithreading Microprocessor with Optimized Thread Scheduler for Increasing Pipeline Utilization Efficiency


	
US

	
Granted

	
11/087070

	
3/22/2005

	
7657883

	
2/2/2010

	
Instruction Dispatch Scheduler Employing Round-Robin Apparatus Supporting Multiple Thread Priorities for Use in Multi-threading Micro-processor







 




 





-19-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
11/505869

	
8/18/2006

	
7657708

	
2/2/2010

	
Methods for Reducing Data Cache Access Power in a Processor, and Applications Thereof


	
US

	
Granted

	
11/676541

	
2/20/2007

	
7650605

	
1/19/2010

	
Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors


	
US

	
Granted

	
11/505865

	
8/18/2006

	
7650465

	
1/19/2010

	
Processor Having a Micro Tag Array That Reduces Data Cache Access Power, and Applications Thereof


	
US

	
Granted

	
09/881628

	
6/13/2001

	
7649901

	
1/19/2010

	
Method and Apparatus for Optimizing Selection of Available Contexts for Packet Processing in Multi-Stream Packet Processing


	
US

	
Granted

	
11/515720

	
9/6/2006

	
7647475

	
1/12/2010

	
System for Synchronizing an In-Order Co-processor with an Out-of-Order Processor Using a Co-processor Interface Store Data Queue (as amended)


	
US

	
Granted

	
12/187631

	
8/7/2008

	
7644319

	
1/5/2010

	
Trace Control From Hardware and Software


	
US

	
Granted

	
11/380924

	
4/29/2006

	
7644307

	
1/5/2010

	
Functional Validation of a Packet Management Unit


	
US

	
Granted

	
10/783960

	
2/20/2004

	
7644237

	
1/5/2010

	
Latency Independent Coherence Protocol


	
US

	
Granted

	
12/173560

	
7/15/2008

	
7636836

	
12/22/2009

	
Fetch and Dispatch Decoupling Mechanism for Multi-Streaming Processors


	
US

	
Granted

	
10/279210

	
10/22/2002

	
7634638

	
12/15/2009

	
Instruction Encoding for System  Register Bit Set and Clear


	
US

	
Granted

	
11/214466

	
8/29/2005

	
7634619

	
12/15/2009

	
Method and Apparatus for Redirection of Operations Between Interfaces


	
US

	
Granted

	
11/087064

	
3/22/2005

	
7631130

	
12/8/2009

	
Barrel-Incrementer-Based Round-Robin Apparatus and Instruction Dispatch Scheduler Employing Same for Use in Multithreading Microprocessor


	
US

	
Granted

	
11/442695

	
5/25/2006

	
7627794

	
12/1/2009

	
Apparatus and Method for Discrete Test Access Control of Multiple Cores


	
US

	
Granted

	
11/107492

	
4/14/2005

	
7627770

	
12/1/2009

	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
US

	
Granted

	
11/257381

	
10/24/2005

	
7620832

	
11/17/2009

	
Method and Apparatus for Masking a Microprocessor Execution Signature


	
US

	
Granted

	
11/644001

	
12/22/2006

	
7617388

	
11/10/2009

	
Virtual Instruction Expansion Using Parameter Selector Defining Logic Operation on Parameters for Template Opcode Substitution


	
US

	
Granted

	
12/348847

	
1/5/2009

	
7613966

	
11/3/2009

	
HYPERJTAG System Including Debug Probe, On-Chip Instrumentation and Protocol


	
US

	
Granted

	
11/051997

	
2/4/2005

	
7613904

	
11/3/2009

	
Interfacing External Thread Prioritizing Policy Enforcing Logic with Customer Modifiable Register to Processor Internal Scheduler


	
US

	
Granted

	
10/928746

	
8/27/2004

	
7610473

	
10/27/2009

	
Apparatus, Method and Instruction for Initiation of Concurrent Instruction Streams in a Multithreading Microprocessor


	
US

	
Granted

	
11/107489

	
4/14/2005

	
7600135

	
10/6/2009

	
Apparatus and Method for Software Specified Power Management Performance Using Low Power Virtual Threads


	
US

	
Granted

	
11/567290

	
12/6/2006

	
7600100

	
10/6/2009

	
Instruction Encoding for System Register Bit Set and Clear


	
US

	
Granted

	
09/788670

	
2/21/2001

	
7599981

	
10/6/2009

	
Binary Polynomial Multiplier


	
US

	
Granted

	
10/955231

	
9/30/2004

	
7594089

	
9/22/2009

	
Smart Memory Based Synchronization Controller for a Multithreaded Microprocessor SoC


	
US

	
Granted

	
11/545706

	
10/11/2006

	
7594079

	
9/22/2009

	
Data Cache Virtual Hint Way Prediction, and Applications Thereof


	
US

	
Granted

	
11/279136

	
4/10/2006

	
7581091

	
8/25/2009

	
System and Method for Extracting Fields from Packets Having Fields Spread Over More Than One Register


	
US

	
Granted

	
11/272719

	
11/15/2005

	
7562191

	
7/14/2009

	
Microprocessor Having a Power-Saving Instruction Cache Way Predictor and Instruction Replacement Scheme


	
US

	
Granted

	
11/075041

	
3/8/2005

	
7558939

	
7/7/2009

	
Three Tiered Translation Lookaside Buffer Hierarchy in a Multithreading Microprocessor


	
US

	
Granted

	
09/977089

	
10/12/2001

	
7552261

	
6/23/2009

	
Configurable Prioritization of Core Generated Interrupts


	
US

	
Granted

	
11/360338

	
2/23/2006

	
7551626

	
6/23/2009

	
Queuing System for Processors in Packet Routing Operations


	
US

	
Granted

	
11/337440

	
1/24/2006

	
7546443

	
6/9/2009

	
Providing Extended Precision in SIMD Vector Arithmetic Operations


	
US

	
Granted

	
11/764137

	
6/15/2007

	
7543207

	
6/2/2009

	
Full Scan Solution for Latched-Based Design


	
US

	
Granted

	
11/463954

	
8/11/2006

	
7533220

	
5/12/2009

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/552640

	
10/25/2006

	
7529915

	
5/5/2009

	
Context Switching Processor with Multiple Context Control Register Sets Including Write Address Register Identifying Destination Register for Waiting Context to Store Returned Data From External Source


	
US

	
Granted

	
11/876442

	
10/22/2007

	
7529907

	
5/5/2009

	
Method and Apparatus for Improved Computer Load and Store Operations







 




 





-20-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


	Ctry   	Status 	AppNum	FilDate	PatNum	IssDate	AppTitle
	
US

	
Granted

	
11/463939

	
8/11/2006

	
7512740

	
3/31/2009

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/636462

	
12/11/2006

	
7509480

	
3/24/2009

	
Boundary Address Registers for Selection of ISA Mode


	
US

	
Granted

	
11/549418

	
10/13/2006

	
7509459

	
3/24/2009

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/003120

	
12/3/2004

	
7509456

	
3/24/2009

	
Apparatus and Method for Discovering a Scratch Pad Memory Configuration


	
US

	
Granted

	
11/611064

	
12/14/2006

	
7509447

	
3/24/2009

	
Barrel-Incrementer-Based Round-Robin Apparatus and  Instruction Dispatch Scheduler Employing Same for Use in Multithreading Microprocessor


	
US

	
Granted

	
11/086258

	
3/22/2005

	
7506140

	
3/17/2009

	
Return Data Selector Employing Barrel-Incrementer-Based Round Robin Apparatus


	
US

	
Granted

	
11/549413

	
10/13/2006

	
7506106

	
3/17/2009

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
09/602279

	
6/23/2000

	
7502876

	
3/10/2009

	
Background Memory Manager That Determines if Data Structures Fit in Memory with Memory State Transactions Map


	
US

	
Granted

	
11/272737

	
11/15/2005

	
7496771

	
2/24/2009

	
Processor Accessing a Scratch Pad On-Demand to Reduce Power Consumption


	
US

	
Granted

	
11/087063

	
3/22/2005

	
7490230

	
2/10/2009

	
Fetch Director Employing Barrel-Incrementer-Based Round Robin Apparatus for Use in Multithreading Microprocessor


	
US

	
Granted

	
09/977084

	
10/12/2001

	
7487339

	
2/3/2009

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
US

	
Granted

	
11/668582

	
1/30/2007

	
7487332

	
2/3/2009

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
US

	
Granted

	
11/463957

	
8/11/2006

	
7480769

	
1/20/2009

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
11/026324

	
12/29/2004

	
7475303

	
1/6/2009

	
HYPERJTAG System Including Debug Probe, On-Chip Instrumentation and Protocol


	
US

	
Granted

	
11/277101

	
3/21/2006

	
7467385

	
12/16/2008

	
Interrupt and Exception Handling for Multi-Streaming Digital Processors


	
US

	
Granted

	
10/929097

	
8/27/2004

	
7424599

	
9/9/2008

	
Apparatus, Method and Instruction for Software Management of Multiple Computational Contexts in a Multithreaded Microprocessor


	
US

	
Granted

	
11/330914

	
1/11/2006

	
7418585

	
8/26/2008

	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Granted

	
09/935446

	
8/22/2001

	
7415531

	
8/19/2008

	
Prediction of Packet Flow, Packet Header and Packet Payload


	
US

	
Granted

	
11/676242

	
2/16/2007

	
7412630

	
8/12/2008

	
Trace Control From Hardware and Software


	
US

	
Granted

	
11/539322

	
10/6/2006

	
7406586

	
7/29/2008

	
Fetch and Dispatch Disassociation Apparatus for Multi-Streaming Processors


	
US

	
Granted

	
09/637500

	
8/11/2000

	
7401205

	
7/15/2008

	
High Performance RISC Instruction Set Digital Signal Processor Having Circular Buffer Control and Looping Instuction Commands (as amended)


	
US

	
Granted

	
11/365280

	
2/28/2006

	
7386701

	
6/10/2008

	
Prefetching Hints


	
US

	
Granted

	
10/684350

	
10/10/2003

	
7376954

	
5/20/2008

	
Mechanism for Assuring Quality of Service for Programs Executing on a Multithread Processor


	
US

	
Granted

	
11/485959

	
7/14/2006

	
7370178

	
5/6/2008

	
Method for Latest Producer Tracking in an Out-of-Order Processor, and Applications Thereof


	
US

	
Granted

	
09/364512

	
7/30/1999

	
7346643

	
3/18/2008

	
Processor with Improved Accuracy for Multiply-Add Operations


	
US

	
Granted

	
10/929342

	
8/27/2004

	
7321965

	
1/22/2008

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
US

	
Granted

	
10/141579

	
5/9/2002

	
7318145

	
1/8/2008

	
Random Slip Generator


	
US

	
Granted

	
10/956490

	
10/1/2004

	
7315937

	
1/1/2008

	
Microprocessor Instructions for Efficient Bit Stream Extractions


	
US

	
Granted

	
10/141926

	
5/10/2002

	
7310706

	
12/18/2007

	
Random Cache Line Refill Order


	
US

	
Granted

	
09/751748

	
12/29/2000

	
7287147

	
10/23/2007

	
Configurable Coprocessor Interface


	
US

	
Granted

	
10/994827

	
11/23/2004

	
7281123

	
10/9/2007

	
Restoring Register Values from Stack Memory Using Instruction with Restore Indication Bit and De-allocation Frame Size Stack Pointer Offset


	
US

	
Granted

	
11/278890

	
4/6/2006

	
7280548

	
10/9/2007

	
Method and Apparatus for Non-Speculative Pre-Fetch Operation in Data Packet Processing


	
US

	
Granted

	
09/592106

	
6/12/2000

	
7257814

	
8/14/2007

	
Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors


	
US

	
Granted

	
10/255107

	
9/26/2002

	
7246287

	
7/17/2007

	
Full Scan Solution for Latched-Based Design


	
US

	
Granted

	
09/364786

	
7/30/1999

	
7242414

	
7/10/2007

	
Processor Having a Compare Extension of an Instruction Set Architecture


	
US

	
Granted

	
09/788683

	
2/21/2001

	
7237097

	
6/26/2007

	
Partial Bitwise Permutations


	
US

	
Granted

	
09/595776

	
6/16/2000

	
7237093

	
6/26/2007

	
Instruction Fetching System in a Multithreaded Processor Utilizing Cache Miss Predictions to Fetch Instructions from Multiple Hardware Streams





 


 


 




 





-21-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
09/751747

	
12/29/2000

	
7237090

	
6/26/2007

	
Configurable Out-of-Order Data Transfer in a Corprocessor Interface


	
US

	
Granted

	
09/894831

	
6/29/2001

	
7231551

	
6/22/2007

	
Distributed TAP Controller


	
US

	
Granted

	
10/195522

	
7/16/2002

	
7225212

	
5/29/2007

	
Extended Precision Accumulator


	
US

	
Granted

	
09/662832

	
9/15/2000

	
7197625

	
3/27/2007

	
Alignment & Ordering of Vector Elements for Single Instruction Multiple Data Processing


	
US

	
Granted

	
11/278901

	
4/6/2006

	
7197043

	
3/27/2007

	
Method for Allocating Memory Space for Limited Packet Head and/or Tail Growth


	
US

	
Granted

	
11/380925

	
4/29/2006

	
7194599

	
3/20/2007

	
Configurable Co-Processor Interface


	
US

	
Granted

	
10/449818

	
5/30/2003

	
7194582

	
3/20/2007

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
09/844669

	
4/30/2001

	
7185234

	
2/27/2007

	
Trace Control From Hardware and Software


	
US

	
Granted

	
09/921400

	
8/2/2001

	
7185183

	
2/27/2007

	
Atomic Update of CPO State


	
US

	
Granted

	
09/844271

	
4/30/2001

	
7181728

	
2/20/2007

	
User-Controlled Trace Records


	
US

	
Granted

	
09/921377

	
8/2/2001

	
7181600

	
2/20/2007

	
Read-only Access to CPO Registers


	
US

	
Granted

	
09/788685

	
2/21/2001

	
7181484

	
2/20/2007

	
Extended-Precision Accumulation of Multiplier Output


	
US

	
Granted

	
09/844673

	
4/30/2001

	
7178133

	
2/13/2007

	
Trace Control Based on a Characteristic of a Processor's Operating State


	
US

	
Granted

	
10/449825

	
5/30/2003

	
7177985

	
2/13/2007

	
Microprocessor with Improved Data Stream Prefetching


	
US

	
Granted

	
09/844670

	
4/30/2001

	
7168066

	
1/23/2007

	
Tracing Out-of-Order Load Data


	
US

	
Granted

	
09/927129

	
8/10/2001

	
7165257

	
1/16/2007

	
Context Selection and Activation Mechanism for Activating One of a Group of Inactive Contexts in a Processor Core for Servicing Interrupts


	
US

	
Granted

	
09/788682

	
2/21/2001

	
7162621

	
1/9/2007

	
Virtual Instruction Expansion Based on Template and Parameter Selector Information Specifying Sign-Extension or Concatenation


	
US

	
Granted

	
09/591510

	
6/12/2000

	
7162615

	
1/9/2007

	
Data Transfer Bus Communication Using Single Request to Perform Command and Return Data to Context Associated Destination Registration (Amended)


	
US

	
Granted

	
10/448324

	
5/28/2003

	
7159101

	
1/2/2007

	
System and Method to Trace High-Performance Multi-Issue Processors


	
US

	
Granted

	
09/223046

	
12/30/1998

	
7159100

	
1/2/2007

	
Method for Providing Extended Precision in SIMD Vector Arithmetic Operations


	
US

	
Granted

	
09/964827

	
9/25/2001

	
7155516

	
12/26/2006

	
Method and Apparatus for Overflowing Data Packets to a Software-Controlled Memory when they do not Fit into a Hardware-controlled Memory


	
US

	
Granted

	
09/702112

	
10/30/2000

	
7149878

	
12/12/2006

	
Changing Instruction Set Architecture Mode by Comparison of Current Instruction Execution Address with Boundary Address Register Values


	
US

	
Granted

	
09/948919

	
9/7/2001

	
7139901

	
11/21/2006

	
Extended Instruction Set for a Packet Processing Applications


	
US

	
Granted

	
09/706154

	
11/3/2000

	
7139898

	
11/21/2006

	
Fetch and Dispatch Disassociation Apparatus for Multi-Streaming Processors


	
US

	
Granted

	
09/844668

	
4/30/2001

	
7134116

	
11/7/2006

	
External Trace Synchronization via Periodic Sampling


	
US

	
Granted

	
09/804677

	
3/12/2001

	
7127586

	
10/24/2006

	
Prefetching Hints


	
US

	
Granted

	
09/844671

	
4/30/2001

	
7124072

	
10/17/2006

	
Program Counter and Data Tracing from a Multi-Issue Processor


	
US

	
Granted

	
09/925314

	
8/10/2001

	
7107439

	
9/12/2006

	
Control of Software Decompression through the use of Exceptions Due to Unaligned Instruction Fetch


	
US

	
Granted

	
09/954290

	
9/11/2001

	
7082552

	
7/25/2006

	
Functional Validation of a Packet Management Unit


	
US

	
Granted

	
09/881934

	
6/14/2001

	
7076630

	
7/11/2006

	
Method and Apparatus for Allocating and De-allocating Consecutive Blocks of Memory in Background Memory Management


	
US

	
Granted

	
09/844672

	
4/30/2001

	
7069544

	
6/27/2006

	
Dynamic Selection of a Compression Algorithm for Trace Data


	
US

	
Granted

	
09/850195

	
5/8/2001

	
7065675

	
6/20/2006

	
System and Method for Speeding Up EJTAG Block Data Transfers


	
US

	
Granted

	
09/933934

	
8/20/2001

	
7065096

	
6/20/2006

	
Method for Allocating Memory Space for Limited Packet Head and/or Tail Growth


	
US

	
Granted

	
09/924755

	
8/7/2001

	
7058065

	
6/6/2006

	
Methods and Apparatus for Preventing Undesirable Packet Download with Pending Read/Write Operation in Data Packet Processing


	
US

	
Granted

	
09/737375

	
12/14/2000

	
7058064

	
6/6/2006

	
Queuing System for Processors in Packet Routing Operations


	
US

	
Granted

	
09/894832

	
6/29/2001

	
7055070

	
5/30/2006

	
Trace Control Block Implementation and Method


	
US

	
Granted

	
09/894830

	
6/29/2001

	
7043668

	
5/9/2006

	
Optimized External Trace Formats


	
US

	
Granted

	
09/586115

	
6/2/2000

	
7043467

	
5/9/2006

	
Wire-speed Multi-Dimensional Packet Classifier







 




 





-22-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
09/900393

	
7/5/2001

	
7042887

	
5/9/2006

	
Method and Apparatus for Non-Speculative Pre-Fetch Operation in Data Packet Processing


	
US

	
Granted

	
09/799610

	
3/7/2001

	
7039060

	
5/2/2006

	
System and Method for Extracting Fields from Packets Having Fields Spread Over More Than One Register


	
US

	
Granted

	
09/706157

	
11/3/2000

	
7035998

	
4/25/2006

	
Clustering Stream and/or Instruction Queues for Multi-Streaming Processors


	
US

	
Granted

	
09/616385

	
7/14/2000

	
7035997

	
4/25/2006

	
Methods and Apparatus for Improving Fetching and Dispatch of Instructions in Multithreaded Processor


	
US

	
Granted

	
09/608750

	
6/30/2000

	
7032226

	
4/18/2006

	
Methods and Apparatus for Managing a Buffer of Events in the Background


	
US

	
Granted

	
09/312302

	
5/14/1999

	
7020879

	
3/28/2006

	
Interrupt and Exception Handling for Multi-Streaming Digital Processors


	
US

	
Granted

	
10/186290

	
6/27/2002

	
7017025

	
3/21/2006

	
Mechanism for Proxy Management of Multiprocessor Virtual Memory


	
US

	
Granted

	
10/186330

	
6/27/2002

	
7003630

	
2/21/2006

	
Mechanism for Proxy Management of Multiprocessor Storage Hierarchies


	
US

	
Granted

	
10/238993

	
9/6/2002

	
7000095

	
2/14/2006

	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
US

	
Granted

	
09/577238

	
5/23/2000

	
6996596

	
2/7/2006

	
Flush-to-nearest mode to improve floating-point accuracy over existing flush-to-zero mode


	
US

	
Granted

	
10/274424

	
10/18/2002

	
6987405

	
1/17/2006

	
Apparatus and Method for Generating Multi-Phase Signals with Digitally Controlled Trim Capacitors


	
US

	
Granted

	
09/894812

	
6/28/2001

	
6976178

	
12/13/2005

	
Inhibition Feature to System for Prediction and Control of Power Consumption in Digital Systems


	
US

	
Granted

	
10/135004

	
4/26/2002

	
6961819

	
11/1/2005

	
Method and Apparatus for Redirection of Operations Between Interfaces


	
US

	
Granted

	
09/363637

	
7/30/1999

	
6912559

	
6/28/2005

	
System and Method for Improving the Accuracy of Reciprocal and Reciprocal Square Root Operations Performed by a Floating Point Unit


	
US

	
Granted

	
10/159818

	
5/31/2002

	
6883156

	
4/19/2005

	
Apparatus and Method for Relative Position Annotation of Standard Cell Components to Facilitate Datapath Design


	
US

	
Granted

	
10/278537

	
10/22/2002

	
6836833

	
12/28/2004

	
Apparatus and Method for Discovering a Scratch Pad Memory Configuration


	
US

	
Granted

	
09/882285

	
6/18/2001

	
6826681

	
11/30/2004

	
Method and Apparatus for Saving and Restoring Processor Register Values and Allocating and Deallocating Stack Memory


	
US

	
Granted

	
10/071547

	
2/8/2002

	
6789100

	
9/7/2004

	
Interstream Control and Communications for Multi-Streaming Digital Processors


	
US

	
Granted

	
09/753239

	
12/29/2000

	
6754804

	
6/22/2004

	
Coprocessor Interface Transferring Multiple Instructions Simultaneiously Along with Issue Path Designation and/or Issue Order Designation for the Instructions


	
US

	
Granted

	
09/818946

	
3/28/2001

	
6742165

	
5/25/2004

	
System, Method and Computer Program Product for Web-Based Integrated Circuit Design


	
US

	
Granted

	
09/364789

	
7/30/1999

	
6732259

	
5/4/2004

	
Processor  Having a Conditional Branch Extension of an Instruction Set Architecture


	
US

	
Granted

	
09/318551

	
5/27/1999

	
6732208

	
5/4/2004

	
Low Latency System Bus Interface For Multi-Master Processing Environments


	
US

	
Granted

	
09/905185

	
7/13/2001

	
6728859

	
4/27/2004

	
Programmable Page Table Access


	
US

	
Granted

	
09/364787

	
7/30/1999

	
6714197

	
3/30/2004

	
Processor Having an Arithmetic Extension of an Instruction Set Architecture


	
US

	
Granted

	
09/364514

	
7/30/1999

	
6697832

	
2/24/2004

	
Floating-Point Processor with Improved Intermediate Result Handling


	
US

	
Granted

	
09/863898

	
5/24/2001

	
6691221

	
2/10/2004

	
Apparatus for Processing Instructions in a Computing System


	
US

	
Granted

	
09/373094

	
8/12/1999

	
6681283

	
1/20/2004

	
Coherent Data Apparatus for an On-Chip Split Transaction System Bus


	
US

	
Granted

	
09/654064

	
9/1/2000

	
6651160

	
11/18/2003

	
Register Set Extension for Compressed Instruction Set


	
US

	
Granted

	
09/822783

	
3/30/2001

	
6651156

	
11/18/2003

	
Mechanism for Extending Properties of Virtual memory Pages Mapped by a TLB


	
US

	
Granted

	
09/822796

	
3/30/2001

	
6643759

	
11/4/2003

	
Mechanism to Extend Computer Memory Protection Schemes


	
US

	
Granted

	
09/363638

	
7/30/1999

	
6631392

	
10/7/2003

	
Method and Apparatus for Predicting Floating-Point Exceptions


	
US

	
Granted

	
09/665099

	
9/20/2000

	
6625737

	
9/23/2003

	
System for Prediction and Control of Power Consumption in Digital Systems


	
US

	
Granted

	
09/373093

	
8/12/1999

	
6604159

	
8/5/2003

	
Data Release to Reduce Latency in On-Chip System Bus


	
US

	
Granted

	
09/905180

	
7/13/2001

	
6523104

	
2/18/2003

	
Mechanism for Programmable Modification of Memory Mapping Granularity







 


 




 





-23-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
09/373091

	
8/12/1999

	
6493776

	
12/10/2002

	
Scalable On-Chip System Bus


	
US

	
Granted

	
09/373092

	
8/12/1999

	
6490642

	
12/3/2002

	
Locked Read/Write on Separate Address/Data Bys Using Write Barrier


	
US

	
Granted

	
09/216017

	
12/16/1998

	
6477562

	
11/5/2002

	
Prioritized Instruction Scheduling for Multi-Streaming Processors


	
US

	
Granted

	
09/734713

	
12/13/2000

	
6448817

	
9/10/2002

	
Output-Synchronization Free, High-Fanin Dynamic OR/NOR Gate


	
US

	
Granted

	
09/517272

	
3/2/2000

	
6446171

	
9/3/2002

	
Method and Apparatus for Tracking and Update of LRU Algorithm Using Vectors


	
US

	
Granted

	
09/494488

	
1/31/2000

	
6430655

	
8/6/2002

	
Scratchpad RAM with Cache-Like Access Times


	
US

	
Granted

	
09/544352

	
4/6/2000

	
6425076

	
7/23/2002

	
Instruction Prediction Based on Filtering


	
US

	
Granted

	
09/373095

	
8/12/1999

	
6393500

	
5/21/2002

	
Burst-Configurable Data Bus


	
US

	
Granted

	
09/273810

	
3/22/1999

	
6389449

	
5/14/2002

	
Interstream Control and Communications for Multi-Streaming Digital Processors


	
US

	
Granted

	
09/302246

	
4/29/1999

	
6345354

	
2/5/2002

	
Register File Access


	
US

	
Granted

	
09/240012

	
1/27/1999

	
6292888

	
9/18/2001

	
Register Transfer Unit for Electronic Processor


	
US

	
Granted

	
09/263798

	
3/5/1999

	
6266758

	
7/24/2001

	
Alignment & Ordering of Vector Elements for Single Instruction Multiple Data Processing


	
US

	
Granted

	
09/363635

	
7/30/1999

	
6247124

	
6/12/2001

	
Apparatus for Processing Instructions in a Computing System


	
US

	
Granted

	
08/982244

	
12/1/1997

	
6240488

	
5/29/2001

	
Prefetching Hints


	
US

	
Granted

	
09/383401

	
8/26/1999

	
6188248

	
2/13/2001

	
Output-Synchronization Free, High-Fanin Dynamic OR/NOR Gate


	
US

	
Granted

	
08/935369

	
9/22/1997

	
6092187

	
7/18/2000

	
Instruction Prediction Based on Filtering


	
US

	
Granted

	
09/036684

	
3/9/1998

	
5978926

	
11/2/1999

	
Processor Chip Having On-Chip Circuitry for Generating a Programmable External Clock Signal & for Controlling Data Patterns


	
US

	
Granted

	
08/781851

	
1/10/1997

	
5954815

	
9/21/1999

	
Apparatus for Processing Instructions in a Computing System


	
US

	
Granted

	
08/947649

	
10/9/1997

	
5933650

	
8/3/1999

	
Alignment & Ordering of Vector Elements for Single Instruction Multiple Data Processing


	
US

	
Granted

	
08/686363

	
7/24/1996

	
5870574

	
2/9/1999

	
RISC Processor Having Improved Instruction Fetching Capability & Utilizing Address Bit Precoding for a Segmented Cache Memory


	
US

	
Granted

	
08/947648

	
10/9/1997

	
5864703

	
1/26/1999

	
Providing Extended Precision in SIMD Vector Arithmetic Operations


	
US

	
Granted

	
08/487240

	
6/13/1995

	
5740402

	
4/14/1998

	
Conflict Resolution in Interleaved Memory Systems with Multiple Parallel Accesses


	
US

	
Granted

	
08/715246

	
9/19/1996

	
5734877

	
3/31/1998

	
Processor Chip Having On-Chip Circuitry for Generating a Programmable External Clock Signal & for Controlling Data Patterns


	
US

	
Granted

	
08/410524

	
3/24/1995

	
5732242

	
3/24/1998

	
Prefetching Hints


	
US

	
Granted

	
08/484313

	
6/7/1995

	
5699551

	
12/16/1997

	
Two-Level Cache Memory System


	
US

	
Granted

	
08/405622

	
3/15/1995

	
5696958

	
12/9/1997

	
Method & Apparatus for Reducing Delays Following the Execution of a Branch Instruction in an Instruction Pipeline


	
US

	
Granted

	
08/561914

	
11/22/1995

	
5670898

	
9/23/1997

	
Low-Power Compact  Digital Logic Topology that Facilitates Large Fan-In & High Speed


	
US

	
Granted

	
08/696788

	
8/14/1996

	
5632025

	
5/20/1997

	
System and Method for Coherency in a Split-Level Data Cache System


	
US

	
Granted

	
08/245983

	
5/17/1994

	
5619672

	
4/8/1997

	
Precise Translation Lookaside Buffer Error Detection & Shutdown Circuit


	
US

	
Granted

	
08/168744

	
12/15/1993

	
5604909

	
2/18/1997

	
Apparatus for Processing Instructions in a Computing System


	
US

	
Granted

	
08/449588

	
5/24/1995

	
5590294

	
12/31/1996

	
Method & Apparatus for Restarting Pipeline Processing


	
US

	
Granted

	
07/951471

	
9/25/1992

	
5574877

	
11/12/1996

	
TLB With Physical Pages Per Virtual Tag


	
US

	
Granted

	
08/379710

	
1/27/1995

	
5572713

	
11/5/1996

	
Method & Apparatus For Byte Order Switching in a Computer


	
US

	
Granted

	
08/167005

	
12/15/1993

	
5572704

	
11/5/1996

	
System and Method for Coherency in a Split-Level Data Cache System


	
US

	
Granted

	
08/391946

	
2/21/1995

	
5568630

	
10/22/1996

	
Backward Compatible Computer Architecture with Extended Wordsize and Address Space


	
US

	
Granted

	
08/491491

	
6/16/1995

	
5568442

	
10/22/1996

	
RISC Processor Having Improved Instruction Fetching Capability & Utilizing Address Bit Precoding for a Segmented Cache Memory


	
US

	
Granted

	
08/324861

	
10/18/1994

	
5555384

	
9/10/1996

	
Optimized Pipeline Operations for Reduced Instruction Set Computers


	
US

	
Granted

	
08/172684

	
12/22/1993

	
5542062

	
7/30/1996

	
Two-Level Cache Memory System


	
US

	
Granted

	
08/166969

	
12/15/1993

	
5537538

	
7/16/1996

	
Debug Mode for a Superscalar RISC Processor


	
US

	
Granted

	
08/168822

	
12/15/1993

	
5526504

	
6/11/1996

	
Variable Page Size Translation Lookaside Buffer


	
US

	
Granted

	
08/378844

	
1/26/1995

	
5524245

	
6/4/1996

	
System and Method for Booting Computer for Operation in Either of Two Byte-Order Modes







 


 


 




 





-24-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 





	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Granted

	
08/168832

	
12/15/1993

	
5510934

	
4/23/1996

	
Apparatus for Processing Instructions in a Computing System


	
US

	
Granted

	
08/245200

	
5/17/1994

	
5504698

	
4/2/1996

	
A Compact Dual Function Adder


	
US

	
Granted

	
08/167006

	
12/15/1993

	
5493523

	
2/20/1996

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
US

	
Granted

	
07/918819

	
7/22/1992

	
5491702

	
2/13/1996

	
Apparatus for Detecting Any Single Bit Error, Detecting Any Two Bit Error, & Detecting any Three or Four Bit Error in a Group of Four Bits for a 25- or 64-Bit Data Word


	
US

	
Granted

	
08/212377

	
3/11/1994

	
5479630

	
12/26/1995

	
Hybrid Cache Having Physical-Cache & Virtual-Cache Characteristics & Method for Accessing Same


	
US

	
Granted

	
08/063183

	
5/17/1993

	
5450607

	
9/12/1995

	
Unified Floating Point and Integer Datapath for a RISC Processor


	
US

	
Granted

	
07/933467

	
8/21/1992

	
5317601

	
5/31/1994

	
Clock Distribution System for an Integrated Circuit Device


	
US

	
Granted

	
07/956867

	
10/1/1992

	
5309382

	
5/3/1994

	
Binary Shifter







 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Allowed

	
12/346652

	
12/30/2008

	  	  	
Thread Instruction Fetch Based On Prioritized Selection From Plural Round-Robin Outputs For Different Thread States (as amended)


 


FETCH DIRECTOR EMPLOYING BARREL-INCREMENTER-BASED ROUND-ROBIN APPARATUS FOR USE IN MULTITHREADING MICROPROCESSOR


	
US

	
Allowed

	
12/891503

	
9/27/2010

	  	  	
MICROPROCESSOR WITH DUAL-LEVEL ADDRESS TRANSLATION


	
US

	
Pending

	
10/637005

	
8/8/2003

	  	  	
Virtual Machine Coprocessor for Accelerating Software Execution


	
US

	
Pending

	
11/388484

	
3/23/2006

	  	  	
USER INTERFACE FOR FACILITATION OF HIGH LEVEL GENERATION OF PROCESSOR EXTENSIONS


	
US

	
Pending

	
13/161332

	
6/15/2011

	  	  	
Programmable Memory Address Segments { f.k.a.}


 


Apparatus and Method for Converting Fixed Memory Address Segments Into Programmable Memory Address Segments {as amended} Segmentation Scheme


	
US

	
Pending

	
13/161354

	
6/15/2011

	  	  	
Apparatus and Method for Hardware Initiation of Emulated Instructions


 


{as amended from} Apparatus and Method for Hardware Initiation of Guest Machine Operations


	
US

	
Pending

	
13/168870

	
6/24/2011

	  	  	
Apparatus and Method for Accelerated Hardware Page Table Walk {f.k.a.} Method to Reduce the Number of Memory Accesses During a Hardware Page Table Walk


	
US

	
Pending

	
13/328781

	
12/16/2011

	  	  	
System for Compression of Fixed Width Variables in a CPU Hardware Trace


	
US

	
Pending

	
13/328792

	
12/16/2011

	  	  	
Vector Register Length Agnostic Single Instruction Multiple Data (SIMD) Architecture


	
US

	
Pending

	
13/358399

	
1/25/2012

	  	  	
Merged Floating Point Operation Using a Modebit {f.k.a. MADD Fused/Non-Fused Modebit}


	
US

	
Pending

	
13/360319

	
1/27/2012

	  	  	
MULTITHREADED OPERATION OF A MICROPROCESSOR CACHE {f.k.a.}


 


Power Reduction Instruction Cache in a Multi-Thread Processor Core


	
US

	
Pending

	
13/361441

	
1/30/2012

	  	  	
Support for Multiple Coherence Domains


	
US

	
Pending

	
13/404350

	
2/24/2012

	  	  	
Software Programmable Hardware State Machines


	
US

	
Pending

	
13/436654

	
3/30/2012

	  	  	
APPARATUS AND METHOD FOR GUEST AND ROOT REGISTER


 


SHARING IN A VIRTUAL MACHINE


	
US

	
Pending

	
13/491781

	
6/8/2012

	  	  	
Shared Register Pool for a Multithreaded Microprocessor


	
US

	
Pending

	
61/562952

	
11/22/2011

	  	  	
MIPS32 Enhanced VA Scheme


	
US

	
Pending

	
61/562975

	
11/22/2011

	  	  	
Achieving Glitch-Free Clock Domain Crossing Signals Using Formal Verification, Static Timing Analysis, and Sequential Equivalence Checking


	
US

	
Published

	
11/121945

	
5/5/2005

	  	  	
Processor Core and Multiplier That Support Both Vector and Single Value Multiplication


	
US

	
Published

	
11/122004

	
5/5/2005

	  	  	
Processor Core and Multiplier that Support a Multiply and Difference Operation by Inverting Sign Bits in Booth Recoding







 


 




 





-25-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Published

	
11/313296

	
12/20/2005

	  	  	
Preemptive Multitasking Employing Software Emulation of Directed Exceptions in a Multithreading Processor


	
US

	
Published

	
11/362763

	
2/28/2006

	  	  	
Compact Linked-List-Based Multi-Threaded Instruction Graduation Buffer


	
US

	
Published

	
11/485960

	
7/14/2006

	  	  	
Latest Producer Tracking in an Out-of-Order Processor, and Applications Thereof


	
US

	
Published

	
11/529710

	
9/29/2006

	  	  	
Detection and Prevention of Write-After-Write Hazards, and Applications Thereof


	
US

	
Published

	
11/529728

	
9/29/2006

	  	  	
Load/Store Unit for a Processor, and Applications Thereof


	
US

	
Published

	
11/530945

	
9/12/2006

	  	  	
Extended Instruction Set for Packet Processing Applications


	
US

	
Published

	
11/627899

	
1/26/2007

	  	  	
Systems and Methods for Controlling the Use of Processing Algorithms, and Applications Thereof


	
US

	
Published

	
11/655267

	
1/19/2007

	  	  	
Synthesized Assertions in a Self-Correcting Processor and Applications Thereof


	
US

	
Published

	
11/670876

	
2/2/2007

	  	  	
System, Method and Software Application for the Generation of Verification Programs {f.k.a.} Software and Techniques for Generation of Self-Checking Random Programs


	
US

	
Published

	
11/684189

	
3/9/2007

	  	  	
Remote Interface for Managing the Design and Configuration of an Integrated Circuit Semiconductor Design


	
US

	
Published

	
11/727640

	
3/27/2007

	  	  	
High-Performance RISC-DSP


	
US

	
Published

	
11/830795

	
7/30/2007

	  	  	
Apparatus and Method for Evaluating a Free-Running Trace Stream  {as amended from} Free-Running Real-Time PDTrace Decoder


	
US

	
Published

	
11/864363

	
9/28/2007

	  	  	
Speculative Read In a Cache Coherent Microprocessor


	
US

	
Published

	
11/896424

	
8/31/2007

	  	  	
Low-overhead/Power-Saving Processor Synchronization Mechanism, and Applications Thereof


	
US

	
Published

	
12/058117

	
3/28/2008

	  	  	
Mechanism for Maintaining Consistency of Data Written by IO Devices


	
US

	
Published

	
12/060204

	
3/31/2008

	  	  	
Apparatus and Method for Condensing Trace Information in a Multi-Processor System


	
US

	
Published

	
12/060214

	
3/31/2008

	  	  	
Apparatus and Method for Low Overhead Correlation of Multi-Processor Trace Information


	
US

	
Published

	
12/194936

	
8/20/2008

	  	  	
Data Cache Way Prediction


	
US

	
Published

	
12/195053

	
8/20/2008

	  	  	
Data Cache Receive Flop Bypass


	
US

	
Published

	
12/210150

	
9/12/2008

	  	  	
Methods, Systems and Computer Program Products for Evaluating Electrical Circuits from Information Stored in Simulation Dump Files


	
US

	
Published

	
12/332291

	
12/10/2008

	  	  	
Coherent Instruction Cache Utilizing Cache-Op Execution Resources


	
US

	
Published

	
12/357929

	
1/22/2009

	  	  	
Processor Accessing a Scratch Pad On-Demand to Reduce Power Consumption


	
US

	
Published

	
12/399330

	
3/6/2009

	  	  	
Configurable Instruction Sequence Generation


	
US

	
Published

	
12/409363

	
3/23/2009

	  	  	
Round-Robin Apparatus and Instruction Dispatch Scheduler Employing Same For Use In Multithreading Microprocessor


	
US

	
Published

	
12/411913

	
3/26/2009

	  	  	
Method and Apparatus for Improved Computer Load and Store Operations


	
US

	
Published

	
12/429029

	
4/23/2009

	  	  	
Apparatus for Storing Instructions In a Multithreading Microprocessor


	
US

	
Published

	
12/429655

	
4/24/2009

	  	  	
Data Transfer Bus Communication Using Single Request to Perform Command and Return Data to Context Associated Destination Registration (Amended)


	
US

	
Published

	
12/463330

	
5/8/2009

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
US

	
Published

	
12/464027

	
5/11/2009

	  	  	
Variable Register and Immediate Field Encoding in an Instruction Set Architecture


	
US

	
Published

	
12/563840

	
9/21/2009

	  	  	
Data Cache Virtual Hint Way Prediction, and Applications Thereof {as amended from} Data Cache Virtual Hint Based Way Prediction


	
US

	
Published

	
12/652598

	
1/5/2010

	  	  	
System and Method for Improving Memory Transfer  {amended from: String Copy Instruction and System to Implement the Same}


	
US

	
Published

	
12/748102

	
3/26/2010

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
US

	
Published

	
12/794370

	
6/4/2010

	  	  	
Processor Core and Method for Managing Program Counter Redirection in an Out-of-Order Processor Pipeline


	
US

	
Published

	
12/828056

	
6/30/2010

	  	  	
Horizontally-Shared Cache Victims in Multiple Core Processors


	
US

	
Published

	
12/847772

	
7/30/2010

	  	  	
Hardware Interrupt Handling







 


 




 





-26-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
US

	
Published

	
12/875268

	
9/3/2010

	  	  	
Alignment and Ordering of Vector Elements for Single Instruction Multiple Data Processing


	
US

	
Published

	
12/891530

	
9/27/2010

	  	  	
MICROPROCESSOR SYSTEM FOR VIRTUAL MACHINE EXECUTION


	
US

	
Published

	
12/911901

	
10/26/2010

	  	  	
Symmetric Multiprocessor Operating System for Execution on Non-Independent Lightweight Thread Contexts


	
US

	
Published

	
13/027917

	
2/15/2011

	  	  	
Automated Digital Circuit Design Tool that Reduces or Eliminates Adverse Timing Constraints Due to an Inherent Clock Signal Skew, and Applications Thereof


	
US

	
Published

	
13/034567

	
2/24/2011

	  	  	
Apparatus and Method for Controlling the Exclusivity Mode of a Level-Two Cache


	
US

	
Published

	
13/041948

	
3/7/2011

	  	  	
Interrupt and Exception Handling for Multi-Streaming Digital Processors


	
US

	
Published

	
13/277856

	
10/20/2011

	  	  	
Clock Ratio Controller for Dynamic Voltage and Frequency Scaled Digital Systems, and Applications Thereof


	
US

	
Published

	
13/323006

	
12/12/2011

	  	  	
Method and Apparatus for Predicting Characteristics of Incoming Data Packets to Enable Speculative Processing to Reduce Processor Latency







 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
KR

	
Granted

	
89-1826

	
2/17/1989

	
192138

	
1/28/1999

	
Variable Delay Line Phase-Locked Loop Circuit


	
DE

	
Granted

	
4312250.7

	
4/15/1993

	
4312250

	
8/25/2005

	
System and Method for Booting Computer for Operation in Either of Two Byte-Order Modes


	
JP

	
Granted

	
5-152820

	
5/31/1993

	
3186905

	
5/11/2001

	
System and Method for Booting Computer for Operation in Either of Two Byte-Order Modes


	
FR

	
Granted

	
94915938.8

	
4/28/1994

	
0699318

	
12/5/2001

	
Unified Floating Point and Integer Datapath for a RISC Processor


	
GB

	
Granted

	
94915938.8

	
4/28/1994

	
0699318

	
12/5/2001

	
Unified Floating Point and Integer Datapath for a RISC Processor


	
DE

	
Granted

	
94915938.8

	
4/28/1994

	
69429342.3

	
12/5/2001

	
Unified Floating Point and Integer Datapath for a RISC Processor


	
EP

	
Granted

	
94915938.8

	
4/28/1994

	
0699318

	
12/5/2001

	
Unified Floating Point and Integer Datapath for a RISC Processor


	
FR

	
Granted

	
95904903.2

	
12/12/1994

	
0734553

	
3/19/2003

	
Apparatus for Processing Instructions in a Computing System


	
GB

	
Granted

	
95904903.2

	
12/12/1994

	
0734553

	
3/19/2003

	
Apparatus for Processing Instructions in a Computing System


	
DE

	
Granted

	
95904903.2

	
12/12/1994

	
69432314.4

	
3/19/2003

	
Apparatus for Processing Instructions in a Computing System


	
EP

	
Granted

	
95904903.2

	
12/12/1994

	
0734553

	
3/19/2003

	
Apparatus for Processing Instructions in a Computing System


	
GB

	
Granted

	
95902961.2

	
12/15/1994

	
0690372

	
3/3/2010

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
EP

	
Granted

	
95902961.2

	
12/15/1994

	
0690372

	
3/3/2010

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
TW

	
Granted

	
84101225

	
2/11/1995

	
101058

	
6/14/1999

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
SG

	
Granted

	
9604602-4

	
12/15/1994

	
75774

	
11/22/2001

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
CN

	
Granted

	
94191501.8

	
12/15/1994

	
94191501.8

	
7/11/2001

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
FR

	
Granted

	
95902961.2

	
12/15/1994

	
0690372

	
3/3/2010

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
KR

	
Granted

	
95-703431

	
12/15/1994

	
175116

	
11/7/1998

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
JP

	
Granted

	
7-516665

	
12/15/1994

	
2815236

	
8/14/1998

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
DE

	
Granted

	
95902961.2

	
12/15/1994

	
0690372

	
3/3/2010

	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
EP

	
Granted

	
95902965.3

	
12/15/1994

	
0690373

	
3/17/2004

	
Apparatus for Processing Instructions in a Computing System


	
KR

	
Granted

	
95-703432

	
12/15/1994

	
212204

	
5/8/1999

	
Apparatus for Processing Instructions in a Computing System


	
TW

	
Granted

	
84101274

	
2/13/1995

	
078360

	
9/18/1996

	
Apparatus for Processing Instructions in a Computing System







 




 





-27-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
JP

	
Granted

	
7-516669

	
12/15/1994

	
2815237

	
8/14/1998

	
Apparatus for Processing Instructions in a Computing System


	
DE

	
Granted

	
95902965.3

	
12/15/1994

	
69433621.1

	
3/17/2004

	
Apparatus for Processing Instructions in a Computing System


	
GB

	
Granted

	
95902965.3

	
12/15/1994

	
0690373

	
3/17/2004

	
Apparatus for Processing Instructions in a Computing System


	
CN

	
Granted

	
94191180.2

	
12/15/1994

	
94191180.2

	
4/2/2003

	
Apparatus for Processing Instructions in a Computing System


	
FR

	
Granted

	
95902965.3

	
12/15/1994

	
0690373

	
3/17/2004

	
Apparatus for Processing Instructions in a Computing System


	
CN

	
Granted

	
02140762.2

	
12/15/1994

	
02140762.2

	
8/2/2006

	
Apparatus for Processing Instructions in a Computing System


	
HK

	
Granted

	
98114553.3

	
12/22/1998

	
1018168

	
9/6/2002

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
TW

	
Granted

	
84101214

	
2/11/1995

	
079922

	
11/29/1996

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
CN

	
Granted

	
94191178.0

	
12/15/1994

	
94191178.0

	
3/12/2003

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
KR

	
Granted

	
95-703430

	
12/15/1994

	
305544

	
7/31/2001

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
EP

	
Granted

	
95902962.0

	
12/15/1994

	
0684548

	
3/6/2002

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
GB

	
Granted

	
95902962.0

	
12/15/1994

	
0684548

	
3/6/2002

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
DE

	
Granted

	
95902962.0

	
12/15/1994

	
69430053

	
3/6/2002

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
FR

	
Granted

	
95902962.0

	
12/15/1994

	
0684548

	
3/6/2002

	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
DE

	
Granted

	
95902964.6

	
12/15/1994

	
69434728.0-08

	
5/10/2006

	
System and Method for Coherency in a Split-Level Data Cache System


	
KR

	
Granted

	
95-703429

	
12/15/1994

	
182344

	
12/11/1998

	
System and Method for Coherency in a Split-Level Data Cache System


	
FR

	
Granted

	
95902964.6

	
12/15/1994

	
0684561

	
5/10/2006

	
System and Method for Coherency in a Split-Level Data Cache System


	
TW

	
Granted

	
84101223

	
2/11/1995

	
106608

	
1/7/2000

	
System and Method for Coherency in a Split-Level Data Cache System


	
EP

	
Granted

	
95902964.6

	
12/15/1994

	
0684561

	
5/10/2006

	
System and Method for Coherency in a Split-Level Data Cache System


	
CN

	
Granted

	
94191177.2

	
12/15/1994

	
94191177.2

	
2/26/2000

	
System and Method for Coherency in a Split-Level Data Cache System


	
SG

	
Granted

	
9604743-6

	
12/15/1994

	
75776

	
2/20/2001

	
System and Method for Coherency in a Split-Level Data Cache System


	
GB

	
Granted

	
95902964.6

	
12/15/1994

	
0684561

	
5/10/2006

	
System and Method for Coherency in a Split-Level Data Cache System


	
HK

	
Granted

	
98114540.9

	
12/15/1994

	
1018166

	
9/22/2006

	
System and Method for Coherency in a Split-Level Data Cache System


	
JP

	
Granted

	
07-516668

	
12/15/1994

	
2631037

	
4/25/1997

	
System and Method for Coherency in a Split-Level Data Cache System


	
DE

	
Granted

	
95902963.8

	
12/15/1994

	
69428110.7

	
8/29/2001

	
Debug Mode for a Superscalar RISC Processor


	
EP

	
Granted

	
95902963.8

	
12/15/1994

	
0684552

	
8/29/2001

	
Debug Mode for a Superscalar RISC Processor


	
CN

	
Granted

	
94191179.9

	
12/15/1994

	
94191179.9

	
5/8/2002

	
Debug Mode for a Superscalar RISC Processor


	
FR

	
Granted

	
95902963.8

	
12/15/1994

	
0684552

	
8/29/2001

	
Debug Mode for a Superscalar RISC Processor


	
GB

	
Granted

	
95902963.8

	
12/15/1994

	
0684552

	
8/29/2001

	
Debug Mode for a Superscalar RISC Processor


	
HK

	
Granted

	
98114541.8

	
12/15/1994

	
1018167

	
1/18/2002

	
Debug Mode for a Superscalar RISC Processor


	
TW

	
Granted

	
84101222

	
2/11/1995

	
078040

	
8/29/1996

	
Debug Mode for a Superscalar RISC Processor


	
JP

	
Granted

	
7-516667

	
12/15/1994

	
2843152

	
10/23/1998

	
Debug Mode for a Superscalar RISC Processor


	
KR

	
Granted

	
95-703428

	
12/15/1994

	
175115

	
11/7/1998

	
Debug Mode for a Superscalar RISC Processor


	
SG

	
Granted

	
2000012542

	
9/18/1998

	
71539

	
5/29/2002

	
Instruction Prediction Based on Filtering


	
JP

	
Granted

	
2001-514658

	
7/24/2000

	
4691294

	
2/25/2011

	
Processor with Improved Accuracy for Multiply-Add Operations


	
FR

	
Granted

	
02717430.9

	
2/15/2002

	
1374034

	
4/23/2008

	
Extended Precision Accumulator


	
DE

	
Granted

	
02717430.9

	
2/15/2002

	
1374034

	
4/23/2008

	
Extended Precision Accumulator







 




 





-28-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
EP

	
Granted

	
02717430.9

	
2/15/2002

	
1374034

	
4/23/2008

	
Extended Precision Accumulator


	
GB

	
Granted

	
02717430.9

	
2/15/2002

	
1374034

	
4/23/2008

	
Extended Precision Accumulator


	
CN

	
Granted

	
02808541.8

	
2/15/2002

	
02808541.8

	
10/1/2008

	
Polynomial Arithmetic Operations


	
FR

	
Granted

	
02707785.8

	
2/15/2002

	
1379939

	
9/21/2011

	
Partial Bitwise Permutations


	
GB

	
Granted

	
02707785.8

	
2/15/2002

	
1379939

	
9/21/2011

	
Partial Bitwise Permutations


	
EP

	
Granted

	
02707785.8

	
2/15/2002

	
1379939

	
9/21/2011

	
Partial Bitwise Permutations


	
DE

	
Granted

	
02707785.8

	
2/15/2002

	
1379939

	
9/21/2011

	
Partial Bitwise Permutations


	
JP

	
Granted

	
2002-568190

	
2/15/2002

	
3837113

	
8/4/2006

	
Partial Bitwise Permutations


	
CN

	
Granted

	
02808631.7

	
2/15/2002

	
02808631.7

	
11/26/2008

	
Partial Bitwise Permutations


	
EP

	
Granted

	
02749511.8

	
3/8/2002

	
1410218

	
8/27/2008

	
Mechanism for Programmable Modification of Memory Mapping Granularity


	
GB

	
Granted

	
02749511.8

	
3/8/2002

	
1410218

	
8/27/2008

	
Mechanism for Programmable Modification of Memory Mapping Granularity


	
DE

	
Granted

	
60228580.0

	
3/8/2002

	
1410208

	
8/27/2008

	
Mechanism for Programmable Modification of Memory Mapping Granularity


	
FR

	
Granted

	
02749511.8

	
3/8/2002

	
1410218

	
8/27/2008

	
Mechanism for Programmable Modification of Memory Mapping Granularity


	
JP

	
Granted

	
2002-578154

	
3/8/2002

	
4256167

	
3/8/2002

	
Mechanism to Extend Computer Memory Protection Schemes


	
CN

	
Granted

	
03821190.4

	
8/25/2003

	
03821190.4

	
5/8/2009

	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
IN

	
Granted

	
482/DELNP/2005

	
8/25/2003

	
249550

	
10/25/2011

	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
JP

	
Granted

	
2004-534327

	
8/25/2003

	
4030999

	
10/26/2007

	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
FR

	
Granted

	
02804389.1

	
9/10/2002

	
1442375

	
12/27/2006

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
GB

	
Granted

	
02804389.1

	
9/10/2002

	
1442375

	
12/27/2006

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
HK

	
Granted

	
05100480.2

	
9/10/2002

	
1070147

	
7/20/2007

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
DE

	
Granted

	
02804389.1

	
9/10/2002

	
60217157.1

	
12/27/2006

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
EP

	
Granted

	
02804389.1

	
9/10/2002

	
1442375

	
12/27/2006

	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
EP

	
Granted

	
03721791.6

	
4/17/2003

	
1499978

	
3/11/2009

	
Mechanism for Reduction of Operations Between Interfaces


	
GB

	
Granted

	
03721791.6

	
4/17/2003

	
1499978

	
3/11/2009

	
Mechanism for Reduction of Operations Between Interfaces


	
FR

	
Granted

	
03721791.6

	
4/17/2003

	
1499978

	
3/11/2009

	
Mechanism for Reduction of Operations Between Interfaces


	
HK

	
Granted

	
05105771.9

	
4/17/2003

	
HK1078352

	
4/17/2003

	
Mechanism for Reduction of Operations Between Interfaces


	
DE

	
Granted

	
03721791.6

	
4/17/2003

	
1499978

	
3/11/2009

	
Mechanism for Reduction of Operations Between Interfaces


	
JP

	
Granted

	
2000-588668

	
12/13/1999

	
3877527

	
11/10/2006

	
Prioritized Instruction Scheduling for Multi-Streaming Processors


	
JP

	
Granted

	
2000-596449

	
12/13/1999

	
3880034

	
11/17/2006

	
Register Transfer Unit for Electronic Processor


	
JP

	
Granted

	
2000-607105

	
3/14/2000

	
3877529

	
11/10/2006

	
Interstream Control and Communications for Multi-Streaming Digital Processors


	
JP

	
Granted

	
2001-554162

	
1/3/2001

	
3721129

	
9/16/2005

	
Method and Apparatus for Improved Computer Load and Store Operations


	
FR

	
Granted

	
01900915.8

	
1/3/2001

	
1257912

	
8/19/2009

	
Method and Apparatus for Improved Computer Load and Store Operations


	
GB

	
Granted

	
01900915.8

	
1/3/2001

	
1257912

	
8/19/2009

	
Method and Apparatus for Improved Computer Load and Store Operations


	
DE

	
Granted

	
01900915.8

	
1/3/2001

	
1257912

	
8/19/2009

	
Method and Apparatus for Improved Computer Load and Store Operations


	
EP

	
Granted

	
01900915.8

	
1/3/2001

	
1257912

	
8/19/2009

	
Method and Apparatus for Improved Computer Load and Store Operations


	
DE

	
Granted

	
01901882.9

	
1/8/2001

	
1259888

	
3/3/2010

	
Queuing System for Processors in Packet Routing Operations


	
JP

	
Granted

	
2001-558844

	
1/8/2001

	
3801919

	
5/12/2006

	
Queuing System for Processors in Packet Routing Operations


	
GB

	
Granted

	
01901882.9

	
1/8/2001

	
125988

	
3/3/2010

	
Queuing System for Processors in Packet Routing Operations


	
FR

	
Granted

	
01901882.9

	
1/8/2001

	
125988

	
3/3/2010

	
Queuing System for Processors in Packet Routing Operations







 




 





-29-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40




 


 


 









	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
EP

	
Granted

	
01901882.9

	
1/8/2001

	
125988

	
3/3/2010

	
Queuing System for Processors in Packet Routing Operations


	
GB

	
Granted

	
01952463.6

	
7/5/2001

	
1311947

	
1/19/2011

	
Instruction Fetch and Dispatch in Multithreaded System


	
FR

	
Granted

	
01952463.6

	
7/5/2001

	
1311947

	
1/19/2011

	
Instruction Fetch and Dispatch in Multithreaded System


	
DE

	
Granted

	
01952463.6

	
7/5/2001

	
1311947

	
1/19/2011

	
Instruction Fetch and Dispatch in Multithreaded System


	
EP

	
Granted

	
01952463.6

	
7/5/2001

	
1311947

	
1/19/2011

	
Instruction Fetch and Dispatch in Multithreaded System


	
JP

	
Granted

	
2002-511080

	
6/7/2001

	
4926364

	
2/17/2012

	
Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors


	
EP

	
Granted

	
01944671.5

	
6/7/2001

	
1299801

	
12/29/2010

	
Implementing Atomicity of Memory Operations (as amended from: Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors)


	
FR

	
Granted

	
01944671.5

	
6/7/2001

	
1299801

	
12/29/2010

	
Implementing Atomicity of Memory Operations (as amended from: Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors)


	
DE

	
Granted

	
01944671.5

	
6/7/2001

	
1299801

	
12/29/2010

	
Implementing Atomicity of Memory Operations (as amended from: Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors)


	
GB

	
Granted

	
01944671.5

	
6/7/2001

	
1299801

	
12/29/2010

	
Implementing Atomicity of Memory Operations (as amended from: Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors)


	
FR

	
Granted

	
04786607.4

	
8/27/2004

	
1660993

	
11/19/2008

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
EP

	
Granted

	
04786607.4

	
8/27/2004

	
1660993

	
11/19/2008

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
CN

	
Granted

	
200480024852.9

	
8/27/2004

	
714533

	
8/9/2010

	
Method and Apparatus for Performing Parallel Program Threads {amended from} Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
IN

	
Granted

	
1341/DELNP/2006

	
8/26/2004

	
244906

	
12/24/2010

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
GB

	
Granted

	
04786607.4

	
8/27/2004

	
1660993

	
11/19/2008

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
DE

	
Granted

	
04786607.4

	
8/27/2004

	
1660993

	
11/19/2008

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
JP

	
Granted

	
2006/524929

	
8/27/2004

	
4818919

	
9/9/2011

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
IN

	
Granted

	
1303/DELNP/2006

	
8/27/2004

	
248427

	
7/13/2011

	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
CN

	
Granted

	
200510067702.2

	
4/22/2005

	
200510067702.2

	
9/23/2009

	
Method and Apparatus for Recoding Instructions


	
JP

	
Granted

	
2006/524868

	
8/27/2004

	
4818918

	
9/9/2011

	
Instruction for Initiation of Concurrent Instruction Streams in a Multithreading Microprocessor {f.k.a.} Improved Mechanism for Initiation of Concurrent Instruction Streams in a Multithreading Multiprocessor


	
CN

	
Granted

	
200480024798.8

	
8/27/2004

	
200480024798.8

	
1/23/2009

	
Multithreaded Microprocessor, Method for Creating New Thread and Multithreaded Processing System (as amended)


	
JP

	
Granted

	
2006/524900

	
8/27/2004

	
4740851

	
5/13/2011

	
Mechanisms for Dynamic Configuration of Virtual Processor Resources


	
CN

	
Granted

	
200480024801.6

	
8/27/2004

	
546615

	
5/8/2009

	
Mechanisms for Dynamic Configuration of Virtual Processor Resources


	
TW

	
Granted

	
094127943

	
8/16/2005

	
I294588

	
3/11/2008

	
Microprocessor Instruction Using Address Index Values  to Enable Access of a Virtual Buffer in Circular Fashion


	
EP

	
Granted

	
05789110.3

	
8/11/2005

	
1709526

	
12/17/2008

	
Processor, Method and Computer Program Products for Execution of  Instructions for Efficient Bit Stream Extractions


	
HK

	
Granted

	
07102289.9

	
2/28/2007

	
1097928

	
4/9/2009

	
Microprocessor Instructions for Efficient Bit Stream Extractions


	
FR

	
Granted

	
05789110.3

	
8/11/2005

	
1709526

	
12/17/2008

	
Processor, Method and Computer Program Products for Execution of  Instructions for Efficient Bit Stream Extractions


	
DE

	
Granted

	
602005011756.3

	
8/11/2005

	
1709526

	
12/17/2008

	
Processor, Method and Computer Program Products for Execution of  Instructions for Efficient Bit Stream Extractions


	
GB

	
Granted

	
05789110.3

	
8/11/2005

	
1709526

	
12/17/2008

	
Processor, Method and Computer Program Products for Execution of  Instructions for Efficient Bit Stream Extractions







 


 




 





-30-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
TW

	
Granted

	
095102946

	
1/25/2006

	
I316203

	
10/21/2009

	
Bifurcated Instruction Dispatch Scheduler in a Multi-Threading Microprocessor


	
CN

	
Granted

	
200680003641.6

	
1/18/2006

	
559626

	
1/18/2010

	
Multithreading Mircoprocessor with Optimized Thread Scheduler for Increasing Pipeline Utilization Efficiency


	
GB

	
Granted

	
0714145.0

	
1/18/2006

	
2436501

	
7/29/2009

	
Multithreading Mircoprocessor with Optimized Thread Scheduler


	
GB

	
Granted

	
0719536.5

	
3/28/2006

	
2439253

	
11/12/2008

	
Apparatus and Method for Software Specified Power Management Performance Using Low Power Virtual Threads


	
CN

	
Granted

	
200680016775.1

	
3/28/2006

	
ZL200680016775.1

	
11/16/2011

	
Apparatus and Method for Software Specified Power Management Performance Using Low Power Virtual Threads


	
KR

	
Granted

	
10-2007-7026399

	
11/13/2007

	
10-1100470

	
12/22/2011

	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
CN

	
Granted

	
200680050617.8

	
11/15/2006

	
ZL200680050617.8

	
1/25/2012

	
Microprocessor Having a Power-Saving Instruction Cache Way Predictor and Instruction Replacement Scheme {amended from: A Cache Way Predictor Scheme}


	
GB

	
Granted

	
0814234.1

	
2/12/2007

	
2448276

	
6/15/2011

	
Distributive Scoreboard Scheduling in an Out-of-Order Processor f.k.a. {A Counter Approach for Distributive Scoreboard Scheduling in an Out-of-Order Microprocessor}


	
CN

	
Granted

	
200780036981.3

	
8/15/2007

	
ZL200780036981.3

	
6/22/2011

	
Micro Tag Reducing Cache Power


	
GB

	
Granted

	
0903127.9

	
8/15/2007

	
2456636

	
10/26/2011

	
Processor Having a Micro Tag Array that Reduces Data Cache Access Power, and Applications Thereof_{amended from_


 


Micro Tag Array to Preserve Data Cache Access Power_}


	
CN

	
Granted

	
200780042526.4

	
9/28/2007

	
ZL200780042526.4

	
12/28/2011

	
Data Cache Virtual Hint Way Prediction, and Applications Thereof  {f.k.a.}__ Data Cache Virtual Hint Based Way Prediction


	
GB

	
Granted

	
0904890.1

	
9/28/2007

	
2455457

	
8/3/2011

	
Data Cache Virtual Hint Based Way Prediction


	
CN

	
Granted

	
200780043374.X

	
9/28/2007

	
100037

	
10/28/2011

	
Load/Store Unit for a Processor, and Applications Thereof


	
GB

	
Granted

	
0904889.3

	
9/28/2007

	
2455254

	
8/10/2011

	
Twice Issued Conditional Move Instruction, and Applications Thereof (as amended)


 


Twice Issued Integer Condition Move


	
GB

	
Granted

	
0922079.9

	
6/20/2008

	
2463409

	
11/2/2011

	
Preventing Writeback Race in Multiple Core Processors {f.k.a.} Mechanism for Solving a Writeback Race in CMP Systems


	
WO

	
NAT PHASE

	
US87/03422

	
12/23/1987

	  	  	
RISC Computer with Unaligned Reference Handling and Method for the Same


	
WO

	
NAT PHASE

	
US94/04701

	
4/28/1994

	  	  	
Unified Floating Point and Integer Datapath for a RISC Processor


	
WO

	
NAT PHASE

	
US94/14380

	
12/12/1994

	  	  	
Apparatus for Processing Instructions in a Computing System


	
WO

	
NAT PHASE

	
JP94/02108

	
12/15/1994

	  	  	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
WO

	
NAT PHASE

	
JP94/02112

	
12/15/1994

	  	  	
Apparatus for Processing Instructions in a Computing System


	
WO

	
NAT PHASE

	
JP94/02109

	
12/15/1994

	  	  	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
WO

	
NAT PHASE

	
JP94/02111

	
12/15/1994

	  	  	
System and Method for Coherency in a Split-Level Data Cache System


	
WO

	
NAT PHASE

	
JP94/02110

	
12/15/1994

	  	  	
Debug Mode for a Superscalar RISC Processor


	
WO

	
NAT PHASE

	
US95/13241

	
10/13/1995

	  	  	
Indexing & Multiplexing of Interleaved Cache Memory Arrays


	
WO

	
NAT PHASE

	
US98/19674

	
9/18/1998

	  	  	
Instruction Prediction Based on Filtering


	
WO

	
NAT PHASE

	
US00/03900

	
2/14/2000

	  	  	
Processor Having a Compare Extension of an Instruction Set Architecture


	
WO

	
NAT PHASE

	
US00/20160

	
7/24/2000

	  	  	
Processor with Improved Accuracy for Multiply-Add Operations


	
WO

	
NAT PHASE

	
2002/04414

	
2/15/2002

	  	  	
Extended Precision Accumulator


	
WO

	
NAT PHASE

	
2002/04415

	
2/15/2002

	  	  	
Polynomial Arithmetic Operations







 


 




 





-31-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40














	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
WO

	
NAT PHASE

	
2002/04427

	
2/15/2002

	  	  	
Partial Bitwise Permutations


	
WO

	
NAT PHASE

	
2002/07205

	
3/8/2002

	  	  	
Mechanism for Programmable Modification of Memory Mapping Granularity


	
WO

	
NAT PHASE

	
2002/07206

	
3/8/2002

	  	  	
Mechanism to Extend Computer Memory Protection Schemes


	
WO

	
NAT PHASE

	
2003/26600

	
8/25/2003

	  	  	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
WO

	
NAT PHASE

	
2002/28893

	
9/10/2002

	  	  	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
WO

	
NAT PHASE

	
2003/12200

	
4/17/2003

	  	  	
Mechanism for Reduction of Operations Between Interfaces


	
WO

	
NAT PHASE

	
US99/29645

	
12/13/1999

	  	  	
Prioritized Instruction Scheduling for Multi-Streaming Processors


	
WO

	
NAT PHASE

	
US99/29646

	
12/13/1999

	  	  	
Register Transfer Unit for Electronic Processor


	
WO

	
NAT PHASE

	
US00/06615

	
3/14/2000

	  	  	
Interstream Control and Communications for Multi-Streaming Digital Processors


	
WO

	
NAT PHASE

	
US01/00413

	
1/3/2001

	  	  	
Method and Apparatus for Improved Computer Load and Store Operations


	
WO

	
NAT PHASE

	
US01/00587

	
1/8/2001

	  	  	
Queuing System for Processors in Packet Routing Operations


	
WO

	
NAT PHASE

	
US01/21372

	
7/5/2001

	  	  	
Methods and Apparatus for Improving Fetching and Dispatch of Instructions in Multithreaded Processor


	
WO

	
NAT PHASE

	
US01/40900

	
6/7/2001

	  	  	
Method and Apparatus for Implementing Atomicity of Memory Operations in Dynamic Multi-Streaming Processors


	
WO

	
NAT PHASE

	
2004/029272

	
8/26/2004

	  	  	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
WO

	
NAT PHASE

	
2004/028108

	
8/27/2004

	  	  	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
WO

	
NAT PHASE

	
2004/027827

	
8/27/2004

	  	  	
Improved Mechanism for Initiation of Concurrent Instruction Streams


	
WO

	
NAT PHASE

	
2004/027976

	
8/27/2004

	  	  	
Mechanisms for Dynamic Configuration of Virtual Processor Resources


	
WO

	
NAT PHASE

	
2005/028773

	
8/11/2005

	  	  	
Microprocessor Instruction Using Address Index Values  to Enable Access of a Virtual Buffer in Circular Fashion


	
WO

	
NAT PHASE

	
2005/028774

	
8/11/2005

	  	  	
Microprocessor Instructions for Efficient Bit Stream Extractions


	
WO

	
NAT PHASE

	
2006/001557

	
1/18/2006

	  	  	
Bifurcated Thread Scheduler in a Multithreading Microprocessor


	
WO

	
NAT PHASE

	
2006/001558

	
1/18/2006

	  	  	
Multithreading Mircoprocessor with Optimized Thread Scheduler for Increasing Pipeline Utilization Efficiency


	
WO

	
NAT PHASE

	
2006/011326

	
3/28/2006

	  	  	
Apparatus and Method for Software Specified Power Management Performance Using Low Power Virtual Threads


	
WO

	
NAT PHASE

	
2006/011327

	
3/28/2006

	  	  	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
WO

	
NAT PHASE

	
2009/002893

	
5/8/2009

	  	  	
Microprocessor with Compact Instruction Set Architecture







 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
EP

	
Allowed

	
06739851.1

	
3/28/2006

	  	  	
MULTI-THREADED PROCESSOR COMPRISING CUSTOMIZABLE BIFURCATED THREAD SCHEDULER FOR AUTOMATIC LOW POWER MODE INVOCATION


	
HK

	
Pending

	
98114200.0

	
12/21/1998

	  	  	
Superscalar Microprocessor Instruction Pipeline Including Dispatching and Kill Control


	
HK

	
Pending

	
98114187.7

	
12/21/1998

	  	  	
Apparatus for Processing Instructions in a Computing System


	
JP

	
Pending

	
07-516666

	
12/15/1994

	  	  	
Mechanism and Method for Integer Divide Involving Pre-Alignment of the Divisor Relative to the Dividend


	
JP

	
Pending

	
2002-512805

	
7/5/2001

	  	  	
Methods and Apparatus for Improving Fetching and Dispatch of Instructions in Multithreaded Processor


	
IN

	
Pending

	
1339/DELNP/2006

	
8/27/2004

	  	  	
Apparatus, Method, and Instruction for Initiation of Concurrent Instruction Streams in a Multithreading Microprocessor  {f.k.a.}__Improved Mechanism for Initiation of Concurrent Instruction Streams


	
IN

	
Pending

	
1340/DELNP/2006

	
8/27/2004

	  	  	
Mechanisms for Dynamic Configuration of Virtual Processor Resources







 


 




 





-32-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
IN

	
Pending

	
5816/DELNP/2007

	
1/18/2006

	  	  	
Bifurcated Thread Scheduler in a Multithreading Microprocessor


	
KR

	
Pending

	
07-7018690

	
1/18/2006

	  	  	
Bifurcated Thread Scheduler in a Multithreading Microprocessor


	
IN

	
Pending

	
5815/DELNP/2007

	
1/18/2006

	  	  	
Multithreading Mircoprocessor with Optimized Thread Scheduler for Increasing Pipeline Utilization Efficiency


	
JP

	
Pending

	
2008-506488

	
3/28/2006

	  	  	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
IN

	
Pending

	
8449/DELNP/2007

	
3/28/2006

	  	  	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
TW

	
Pending

	
95140051

	
10/30/2006

	  	  	
Two Step Kill Mechanism Upon Branch Mispredict Resolution in OOO Pipeline


	
IN

	
Pending

	
1983/KOLNP/2008

	
11/15/2006

	  	  	
Loop Buffer for Fetch Power Saving in MIPS Cores


	
IN

	
Pending

	
1982/KOLNP/2008

	
11/15/2006

	  	  	
A Cache Way Predictor Scheme


	
IN

	
Pending

	
3596/KOLNP/2008

	
2/12/2007

	  	  	
A Counter Approach for Distributive Scoreboard Scheduling in an Out-of-Order Microprocessor


	
IN

	
Pending

	
596/KOLNP/2009

	
8/15/2007

	  	  	
Micro Tag Array to Preserve Data Cache Access Power


	
IN

	
Pending

	
1084/KOLNP/2009

	
3/20/2009

	  	  	
Apparatus and Method for Tracing Instructions with Simplified Instruction State Descriptors


	
IN

	
Pending

	
1089/KOLNP/2009

	
9/28/2007

	  	  	
Data Cache Virtual Hint Based Way Prediction


	
IN

	
Pending

	
1276/KOLNP/2009

	
9/28/2007

	  	  	
Twice Issued Conditional Move Instruction and Applications Thereof


	
WO

	
Pending

	
2007/088351

	
12/20/2007

	  	  	
Efficient Resource Arbitration


	
WO

	
Pending

	
2008/000220

	
2/1/2008

	  	  	
Software and Techniques for Generation of Self-Checking Random Programs


	
WO

	
Pending

	
2008/67676

	
6/20/2008

	  	  	
Mechanism for Solving a Writeback Race in CMP Systems


	
WO

	
Pending

	
2008/067705

	
6/20/2008

	  	  	
Method for Reducing Handling of Write Data


	
WO

	
Pending

	
2008/067719

	
6/20/2008

	  	  	
Methods for Avoiding Livelock in Multi-Core Systems


	
IN

	
Pending

	
224/KOLNP/2010

	
8/29/2008

	  	  	
Low-Overhead/Power-Saving Processor Synchronization Mechanism, and Applications Thereof


	
CN

	
Pending

	
200880104604.3

	
8/29/2008

	  	  	
Low-Overhead/Power-Saving Processor Synchronization Mechanism, and Applications Thereof


	
WO

	
Pending

	
2008/010234

	
8/29/2008

	  	  	
Low-Overhead/Power-Saving Processor Synchronization Mechanism, and Applications Thereof


	
IN

	
Pending

	
4217/KOLNP/2010

	
5/8/2009

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
CN

	
Pending

	
201110128200.1

	
3/25/2011

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
HK

	
Pending

	
11112712.9

	
3/25/2011

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
HK

	
Pending

	
11112196.4

	
5/8/2009

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
IN

	
Pending

	
2359/KOLNP/2011

	
1/21/2010

	  	  	
System and Method for Improving Memory Transfer


	
WO

	
Pending

	
2010/21620

	
1/21/2010

	  	  	
String Copy Instruction and System to Implement the Same


	
CN

	
Pending

	
201010178234.7

	
5/11/2010

	  	  	
Variable Register and Immediate Field Encoding in an Instruction Set Architecture


	
IN

	
Pending

	
911/KOL/2011

	
7/6/2011

	  	  	
System and Method for Automatic Hardware Interrupt Handling


	
EP

	
Published

	
03003266.8

	
12/15/1994

	  	  	
Apparatus for Processing Instructions in a Computing System


	
EP

	
Published

	
00919300.4

	
2/14/2000

	  	  	
Processor Having a Compare Extension of an Instruction Set Architecture


	
JP

	
Published

	
2009-131836

	
6/1/2009

	  	  	
Extended Precision Accumulator


	
CN

	
Published

	
02808633.3

	
2/15/2002

	  	  	
Extended Precision Accumulator


	
EP

	
Published

	
02717593.4

	
3/8/2002

	  	  	
Mechanism to Extend Computer Memory Protection Schemes


	
HK

	
Published

	
05110923.6

	
11/30/2005

	  	  	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
EP

	
Published

	
03751894.1

	
8/25/2003

	  	  	
Method and Apparatus for Clearing Hazards Using Jump Instructions


	
HK

	
Published

	
07107764.2

	
7/18/2007

	  	  	
Method and Apparatus for Binding Shadow Registers to Vectored Interrupts


	
EP

	
Published

	
04783500.4

	
8/26/2004

	  	  	
Suspension and Deallocation of Computational Threads of Execution in a Processor


	
CN

	
Published

	
200480024800.1

	
8/26/2004

	  	  	
Integrated Mechanism for Suspension and Deallocation of Computational Threads of Execution in a Processor


	
EP

	
Published

	
04782325.7

	
8/27/2004

	  	  	
Initiation of Concurrent Instructions Streams {f.k.a.} Improved Mechanism for Initiation of Concurrent Instruction Streams









 


 





-33-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
Ctry

	
Status

	
AppNum

	
FilDate

	
PatNum

	
IssDate

	
AppTitle


	
EP

	
Published

	
04782455.2

	
8/27/2004

	  	  	
Mechanisms for Dynamic Configuration of Virtual Processor Resources


	
HK

	
Published

	
07102292.4

	
2/28/2007

	  	  	
Microprocessor Instruction to Enable Access of a Virtual BUffer in Circular Fashion


	
EP

	
Published

	
06718610.6

	
1/18/2006

	  	  	
Bifurcated Thread Scheduler in a Multithreading Microprocessor


	
CN

	
Published

	
200680003639.9

	
1/18/2006

	  	  	
Bifurcated Thread Scheduler in a Multithreading Microprocessor


	
IN

	
Published

	
8450/DELNP/2007

	
3/28/2006

	  	  	
Apparatus and Method for Software Specified Power Management Performance Using Low Power Virtual Threads


	
CN

	
Published

	
200680016774.7

	
3/28/2006

	  	  	
Apparatus and Method for Automatic Low Power Mode Invocation in a Multi-Threaded Processor


	
WO

	
Published

	
2006/044354

	
11/15/2006

	  	  	
Processor Utilizing a Loop Buffer to Reduce Power Consumption


	
CN

	
Published

	
200680050607.4

	
11/15/2006

	  	  	
Processor Utilizing A Loop Buffer to Reduce Power Consumption


	
WO

	
Published

	
2006/044355

	
11/15/2006

	  	  	
Microprocessor Having a Power-Saving Instruction Cache Way Predictor and Instruction Replacement Scheme


	
WO

	
Published

	
2007/003752

	
2/12/2007

	  	  	
Distributive Scoreboard Scheduling in an Out-of-Order Microprocessor


	
CN

	
Published

	
200780007020.X

	
2/12/2007

	  	  	
A Counter Approach for Distributive Scoreboard Scheduling in an Out-of-Order Microprocessor


	
WO

	
Published

	
2007/017896

	
8/15/2007

	  	  	
Micro Tag Array to Preserve Data Cache Access Power


	
WO

	
Published

	
2007/078617

	
9/17/2007

	  	  	
Apparatus and Method for Tracing Instructions with Simplified Instruction State Descriptors


	
CN

	
Published

	
200780035943.6

	
3/27/2009

	  	  	
Apparatus and Method for Tracing Instructions with Simplified Instruction State Descriptors


	
WO

	
Published

	
2007/021007

	
9/28/2007

	  	  	
Data Cache Virtual Hint Based Way Prediction, and Applications Thereof


	
WO

	
Published

	
2007/021006

	
9/28/2007

	  	  	
Load/Store Unit for a Processor, and Applications Thereof


	
WO

	
Published

	
2007/021005

	
9/28/2007

	  	  	
Twice Issued Conditional Move Instruction, and Applications Thereof


	
CN

	
Published

	
200780041776.6

	
9/28/2007

	  	  	
Twice Issued Integer Condition Move


	
WO

	
Published

	
2007/087632

	
12/14/2007

	  	  	
Speculative Cache Tag Evaluation


	
TW

	
Published

	
97103841

	
2/1/2008

	  	  	
A SYSTEM, METHOD AND SOFTWARE APPLICATION FOR THE GENERATION OF VERIFICATION PROGRAMS


	
CN

	
Published

	
200880103410.1

	
6/20/2008

	  	  	
Mechanism for Solving a Writeback Race in CMP Systems


	
CN

	
Published

	
200880103458.2

	
6/20/2008

	  	  	
Methods for Avoiding Livelock in Multi-Core Systems


	
GB

	
Published

	
1002970.0

	
8/29/2008

	  	  	
Low-Overhead/Power-Saving Processor Synchronization Mechanism, and Applications Thereof


	
CN

	
Published

	
200880108013.3

	
9/19/2008

	  	  	
Support for Multiple Coherence Domains


	
WO

	
Published

	
2008/077084

	
9/19/2008

	  	  	
Support for Multiple Coherence Domains


	
CN

	
Published

	
200980124104.0

	
5/8/2009

	  	  	
Microprocessor with Compact Instruction Set Architecture


	
CN

	
Published

	
201080005211.4

	
1/21/2010

	  	  	
System and Method for Improving Memory Transfer {f.k.a.} String Copy Instruction and System to Implement the Same


	
CN

	
Published

	
201110214684.1

	
7/29/2011

	  	  	
System and Method for Automatic Hardware Interrupt Handling







 





 





-34-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


Exhibit B:


Disclosure Schedule


 


[*].


 


 


 





 





-35-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


Exhibit C:


Affiliates of MIPS Technologies, Inc. as of June 29, 2012


 



	
1.  

	
MIPS Technologies International Ltd. (Cayman Islands)








	
2.  

	
MIPS Technologies (Shanghai) Co., Ltd.








	
3.  

	
MIPS Technologies B.V (Netherlands), including the following branch offices:







(i)       MIPS Technologies BV (Netherlands), Japan Branch


(ii)       MIPS Technologies BV (Netherlands), Germany Branch


(iii)       MIPS Technologies BV (Netherlands), Israel Branch


(iv)       MIPS Technologies BV (Netherlands), Taiwan Branch


(v)       MIPS Technologies BV (Netherlands), Korea Branch


 


State qualifications in California, Colorado, Florida, New Jersey, New York, Florida and Washington


 


 


 


 


 



 





-36-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


Attachment 1


AMENDMENT 6 TO


2007 MIPS CORES LICENSE AGREEMENT


 


This Amendment No. 6 to 2007 MIPS Cores License Agreement (“Amendment 6”) is made effective as of June 29, 2012 (the “Amendment 6 Effective Date”) by and between Broadcom Corporation, a Delaware corporation with its principal place of business at 5300 California Avenue, Irvine, California 92617 (“Broadcom”) and MIPS Technologies, Inc., a Delaware corporation with its principal place of business at 955 East Arques Ave., Sunnyvale, California 94085 (“MIPS”).  Unless otherwise indicated below, any capitalized terms in this Amendment 6 not defined herein shall have the applicable meaning set forth in the 2007 MIPS Cores License Agreement between MIPS and Broadcom dated January 26, 2007, as amended (the “2007 License Agreement”).


 


WHEREAS, the parties desire to amend and extend certain terms of the 2007 License Agreement, as set forth herein;


 


NOW, THEREFORE, in consideration of the mutual promises contained herein, MIPS and Broadcom agree to amend the 2007 License Agreement as provided below:


 



	
1.  

	
Section 12 of the 2007 License Agreement shall be deleted in its entirety and replaced by the following:







 


“12.           LIMITATION OF LIABILITY


 


EXCEPT FOR BREACHES OF SECTION 2 ("LICENSE GRANTS') AND SECTION 9 ("CONFIDENTIAL INFORMATION), NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, ONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE IN ADVANCE.


 


EXCEPT FOR AMOUNTS DUE UNDER SECTION 5, OR FOR BREACHES OF SECTIONS 2 AND/OR 9, IN NO EVENT SHALL BROADCOM'S OR MIPS' TOTAL LIABILITY UNDER THIS AGREEMENT (BUT EXCLUDING MIPS LIABILITY UNDER SECTION 11.1 ("INDEMNIFICATION BY MIPS') AND BROADCOM'S LIABILITY UNDER SECTION 11.2 ("INDEMNIFICATION BY BROADCOM) WHICH ARE COVERED BELOW), EXCEED [*].


 


NOTWITHSTANDING THE ABOVE, THE PARTIES AGREE THAT EXCEPT FOR AMOUNTS DUE UNDER THE LICENSE FEES AND ROYALTIES PROVISION, OR FOR BREACHES OF THE LICENSE GRANTS AND/OR CONFIDENTIAL INFORMATION PROVISION OF THIS AGREEMENT (BUT EXCLUDING MIPS LIABILITY UNDER SECTION 11.1 ("INDEMNIFICATION BY MIPS') AND 


 




 





-37-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


BROADCOM'S LIABILITY UNDER SECTION 11.2 ("INDEMNIFICATION BY BROADCOM) WHICH ARE COVERED BELOW), THE ORIGINAL AGREEMENT AND ANY SEPARATE AGREEMENT FOR MIPS ARCHITECTURE(S) OR MIPS CORE(S), THE TOTAL LIABILITY OF EITHER PARTY UNDER THIS AGREEMENT, THE ORIGINAL AGREEMENT AND ANY SEPARATE AGREEMENT FOR MIPS ARCHITECTURE(S) OR MIPS CORE(S) SHALL NOT EXCEED [*].


 


THE PARTIES AGREE THAT (1) MIPS’ AGGREGATE LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION UNDER SECTION 11.1 OF THIS AGREEMENT, SECTION 9.1 OF THE ORIGINAL AGREEMENT, SECTION 11.1 OF THAT CERTAIN MIPS16e ASE FOR MIPS32 ARCHITECTURE LICENSE AGREEMENT DATED FEBRUARY 10, 2004 (“2004 AGREEMENT”) OR ANY INDEMNIFICATION LIABILITY FOR PATENT INFRINGEMENT INCURRED BY MIPS UNDER ANY SEPARATE AGREEMENT FOR MIPS ARCHITECTURE(S) OR MIPS CORE(S), AND (2) BROADCOM’S AGGREGATE LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION UNDER SECTION 11.2 OF THIS AGREEMENT, SECTION 9.3 OF THE ORIGINAL AGREEMENT, SECTION 11.2 OF THE 2004 AGREEMENT OR ANY INDEMNIFICATION LIABILITY FOR PATENT INFRINGEMENT INCURRED BY BROADCOM UNDER ANY SEPARATE AGREEMENT FOR MIPS ARCHITECTURE(S) OR MIPS CORE(S), SHALL, IN THE  CASE OF EACH PARTY, NOT EXCEED [*].  IN THE EVENT EITHER PARTY'S INDEMNITY OBLIGATION UNDER SECTION 11 IS TRIGGERED, THE INDEMNIFYING PARTY AGREES TO WORK IN GOOD FAITH WITH THE INDEMNIFIED PARTY TO AVOID ANY DAMAGES TO THE INDEMNIFIED PARTY.


 


NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL MIPS BE LIABLE FOR ANY DAMAGES RELATING TO OR RESULTING FROM THE USE OF MIPS TECHNOLOGY IN PRODUCTS USED FOR AVIATION, MEDICAL, NUCLEAR OR ULTRA HAZARDOUS PURPOSES OR FOR ANY DAMAGES OWED TO THIRD PARTIES RELATING TO TECHNOLOGY NOT PROVIDED BY MIPS. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED AS SET FORTH HEREIN, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT


FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT AS OTHERWISE PROVIDED ABOVE, NOTHING IN THIS PROVISION LIMITS MIPS LIMITATION OF LIABILITY OBLIGATIONS WITH RESPECT TO MIPS DELIVERABLES LICENSED TO BROADCOM UNDER ANY OTHER AGREEMENT. EXCEPT AS OTHERWISE PROVIDED ABOVE, NOTHING IN THIS PROVISION LIMITS BROADCOM'S LIMITATION OF LIABILITY OBLIGATIONS WITH RESPECT TO MIPS UNDER ANY OTHER AGREEMENT.”


 



	
2.  

	
The definition of the “Termination Date” in Section 13.1 of the 2007 License Agreement is hereby amended to be “[*].”







 



	
3.  

	
Section 2 of Exhibit D to the 2007 License Agreement shall be supplemented to add the following additional royalty provisions:







 


 




 





-38-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40













 



	
Licensed MIPS Core

	
Royalty Per Unit of Broadcom Product in Year when Shipped


	  	
[*]


	
[*]

	
[*]







 


In the event a Broadcom Product includes [*] Licensed MIPS Core, Broadcom shall be obligated to pay a royalty [*] and [*].”


 



	
4.  

	
Maintenance fees under the 2007 License Agreement, as amended, and any applicable Technology Schedule, [*].  Thereafter, Broadcom may elect at its discretion upon written notice to MIPS to purchase maintenance under the 2007 License Agreement, as amended, and any applicable Technology Schedule for an annual maintenance fee of [*] for [*].







 



	
5.  

	
Section 14.5 is hereby amended to add the following sentences to the end of Section 14.5:







 


“In the event that Broadcom acquires a third party that has separately licensed architecture, cores or other technology from MIPS for which Broadcom also has a sufficient license, Broadcom may upon written notice to MIPS: (1) terminate such acquired third party’s license with MIPS effective as of the closing date of the acquisition or such later date as Broadcom may reasonably specify in the notice, (2) if such third party is merged with and into Broadcom or otherwise ceases to be an operating company, Broadcom shall assume responsibility for all payments and other liabilities of such third party arising prior to the termination of the MIPS license; provided, however, that the terms and conditions of any patent license, covenant not to assert patents or similar provisions shall be limited to and shall solely relate to the patents issued or filed by such acquired third party prior to the effective date of the termination of the MIPS license, and (3) effective upon the termination of such third party’s license with MIPS, such acquired third party and its products shall be subject to and governed by this Agreement or the applicable license agreement between Broadcom and MIPS, including with respect to all licenses, obligations, agreements, covenants, royalties and liabilities.  The parties acknowledge that additional terms may be necessary in regards to specific Broadcom acquisitions, and upon request by Broadcom, the parties will negotiate such additional terms in good faith consistent with the terms set forth in the preceding sentence.”


 



	
6.  

	
Except as expressly provided in this Amendment 6, all terms and conditions of the 2007 License Agreement shall remain unchanged and in full force and effect to the same extent as in full force and effect on the Amendment 6 Effective Date.







 


[Signature Page Follows]


 





 





-39-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


IN WITNESS WHEREOF, the parties hereto have caused this Amendment 6 to be signed below by their respective duly authorized officers.


 



 



	 MIPS TECHNOLOGIES, INC.   	 	 BROADCOM CORPORATION
	 	 	 	 	 	 
	 	 	 	 	 	 
	 By:	 /s/ SANDEEP VIJ	 	  By:	 /s/ DANIEL MAROTTA	 
	 	 	 	 	 	 
	 Name:	 Sandeep Vij	 	  Name:	 Daniel Marotta	 
	 	 	 	 	 	 
	 Title:	 CEO	 	  Title:	 SVP & GM Broadcom	 
	 	 	 	 	 	 





 


     





 





-40-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40








 


 


 


 


Attachment 2


AMENDMENT 3 TO


LICENSE AGREEMENT


 


This Amendment 3 to License Agreement (“Amendment”) is made effective as of June 29, 2012 (the “Amendment Effective Date”) by and between Broadcom Corporation, a Delaware corporation with its principal place of business at 5300 California Avenue, Irvine, California 92617 (“Broadcom”) and MIPS Technologies, Inc., a Delaware corporation with its principal place of business at 955 East Arques Ave., Sunnyvale, California 94085 (“MIPS”).  Unless otherwise indicated below, any capitalized terms in this Amendment not defined herein shall have the applicable meaning set forth in the License Agreement between MIPS and Broadcom dated August 1998, as amended (the “1998 License Agreement”).


 


WHEREAS, the parties desire to amend and extend certain terms of the 1998 License Agreement, as set forth herein;


 


NOW, THEREFORE, in consideration of the mutual promises contained herein, MIPS and Broadcom agree to amend the 1998 License Agreement as provided below:


 



	
1.  

	
Section 11.11 of the 1998 License Agreement shall be amended to add the following sentence to the end of such Section:







 


“THE PARTIES AGREE THAT THE PARTIES’ AGGREGATE LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION UNDER SECTION 9 OF THIS AGREEMENT SHALL BE SUBJECT TO THE AGGREGATE LIMITATION ON LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION SET FORTH IN SECTION 12 OF THAT CERTAIN 2007 MIPS CORES LICENSE AGREEMENT BETWEEN MIPS AND BROADCOM DATED JANUARY 26, 2007, AS AMENDED.”


 



	
2.  

	
The definition of the “Termination Date” in Section 10.1 of the 1998 License Agreement is hereby amended to be “[*].”







 



	
3.  

	
The 1998 License Agreement shall be supplemented to add the following additional royalty provisions covering the applicable years below:







 


 



	
Licensed MIPS Core

	
Royalty Per Unit of Broadcom Product in Year when Shipped


	  	
[*]


	
[*]

	
[*]







 



In the event a Broadcom Product includes [*] Licensed MIPS Core, Broadcom shall be obligated to pay a royalty [*] and [*].”




 




 





-41-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 


 



	
4.  

	
Maintenance fees under the 1998 License Agreement, as amended, and any applicable Technology Schedule, [*].







 



	
5.  

	
Section 11.6 is hereby amended to add the following sentences to the end of Section 11.6:







 


“In the event that Broadcom acquires a third party that has separately licensed architecture, cores or other technology from MIPS for which Broadcom also has a sufficient license, Broadcom may upon written notice to MIPS: (1) terminate such acquired third party’s license with MIPS effective as of the closing date of the acquisition or such later date as Broadcom may reasonably specify in the notice, (2) if such third party is merged with and into Broadcom or otherwise ceases to be an operating company, Broadcom shall assume responsibility for all payments and other liabilities of such third party arising prior to the termination of the MIPS license; provided, however, that the terms and conditions of any patent license, covenant not to assert patents or similar provisions shall be limited to and shall solely relate to the patents issued or filed by such acquired third party prior to the effective date of the termination of the MIPS license, and (3) effective upon the termination of such third party’s license with MIPS, such acquired third party and its products shall be subject to and governed by this Agreement or the applicable license agreement between Broadcom and MIPS, including with respect to all licenses, obligations, agreements, covenants, royalties and liabilities.  The parties acknowledge that additional terms may be necessary in regards to specific Broadcom acquisitions, and upon request by Broadcom, the parties will negotiate such additional terms in good faith consistent with the terms set forth in the preceding sentence.  .”


 



	
6.  

	
Except as expressly provided in this Amendment, all terms and conditions of the 1998 License Agreement shall remain unchanged and in full force and effect to the same extent as in full force and effect on the Amendment Effective Date.







 


[Signature Page Follows]


 




 





-42-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40













IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed below by their respective duly authorized officers.


 



 



 



	 MIPS TECHNOLOGIES, INC.   	 	 BROADCOM CORPORATION
	 	 	 	 	 	 
	 	 	 	 	 	 
	 By:	 /s/ SANDEEP VIJ	 	  By:	 /s/ DANIEL MAROTTA	 
	 	 	 	 	 	 
	 Name:	 Sandeep Vij	 	  Name:	 Daniel Marotta	 
	 	 	 	 	 	 
	 Title:	 CEO	 	  Title:	 SVP & GM Broadcom	 
	 	 	 	 	 	 












 





 





-43-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40













Attachment 3


AMENDMENT TO


ARCHITECTURE LICENSE AGREEMENT


 


This Amendment to Architecture License Agreement (“Amendment”) is made effective as of June 29, 2012 (the “Amendment Effective Date”) by and between Broadcom Corporation, a Delaware corporation with its principal place of business at 5300 California Avenue, Irvine, California 92617 (“Broadcom”) and MIPS Technologies, Inc., a Delaware corporation with its principal place of business at 955 East Arques Ave., Sunnyvale, California 94085 (“MIPS”).  Unless otherwise indicated below, any capitalized terms in this Amendment not defined herein shall have the applicable meaning set forth in the MIPS16e ASE for MIPS32 Architecture License Agreement dated February 10, 2004, as amended, between MIPS and Broadcom, as amended (the “2004 License Agreement”).


 


WHEREAS, the parties desire to amend and extend certain terms of the 2004 License Agreement, as set forth herein;


 


NOW, THEREFORE, in consideration of the mutual promises contained herein, MIPS and Broadcom agree to amend the 2004 License Agreement as provided below:


 



	
1.  

	
Section 12 of the 2004 License Agreement shall be amended to add the following sentence to the end of such Section:







 


“THE PARTIES AGREE THAT THE PARTIES’ AGGREGATE LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION UNDER SECTION 11 OF THIS AGREEMENT SHALL BE SUBJECT TO THE AGGREGATE LIMITATION ON LIABILITY FOR PATENT INFRINGEMENT INDEMNIFICATION SET FORTH IN SECTION 12 OF THAT CERTAIN 2007 MIPS CORES LICENSE AGREEMENT BETWEEN MIPS AND BROADCOM DATED JANUARY 26, 2007, AS AMENDED.”


 



	
2.  

	
The definition of the “Termination Date” in Section 13.1 of the 2004 License Agreement is hereby amended to be “[*].”







 



	
3.  

	
The 2004 License Agreement shall be supplemented to add the following additional royalty provisions covering the applicable years below:







 


 



	
Licensed MIPS Core

	
Royalty Per Unit of Broadcom Product in Year when Shipped


	  	
[*]


	
[*]

	
[*]







 


In the event a Broadcom Product includes [*] Licensed MIPS Core, Broadcom shall be obligated to pay a royalty [*] and [*].”


 




 





-44-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40










 


 



	
4.  

	
Maintenance fees under the 2004 License Agreement, as amended, and any applicable Technology Schedule, [*].







 



	
5.  

	
Section 14.5 is hereby amended to add the following sentences to the end of Section 14.5:







 


“In the event that Broadcom acquires a third party that has separately licensed architecture, cores or other technology from MIPS for which Broadcom also has a sufficient license, Broadcom may upon written notice to MIPS: (1) terminate such acquired third party’s license with MIPS effective as of the closing date of the acquisition or such later date as Broadcom may reasonably specify in the notice, (2) if such third party is merged with and into Broadcom or otherwise ceases to be an operating company, Broadcom shall assume responsibility for all payments and other liabilities of such third party arising prior to the termination of the MIPS license; provided, however, that the terms and conditions of any patent license, covenant not to assert patents or similar provisions shall be limited to and shall solely relate to the patents issued or filed by such acquired third party prior to the effective date of the termination of the MIPS license, and (3) effective upon the termination of such third party’s license with MIPS, such acquired third party and its products shall be subject to and governed by this Agreement or the applicable license agreement between Broadcom and MIPS, including with respect to all licenses, obligations, agreements, covenants, royalties and liabilities.  The parties acknowledge that additional terms may be necessary in regards to specific Broadcom acquisitions, and upon request by Broadcom, the parties will negotiate such additional terms in good faith consistent with the terms set forth in the preceding sentence.”


 



	
6.  

	
Except as expressly provided in this Amendment, all terms and conditions of the 2004 License Agreement shall remain unchanged and in full force and effect to the same extent as in full force and effect on the Amendment Effective Date.







 


[Signature Page Follows]


 




 





 





-45-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.











Exhibit 10.40














 


IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed below by their respective duly authorized officers.


 



 






	 MIPS TECHNOLOGIES, INC.   	 	 BROADCOM CORPORATION
	 	 	 	 	 	 
	 	 	 	 	 	 
	 By:	 /s/ SANDEEP VIJ	 	  By:	 /s/ DANIEL MAROTTA	 
	 	 	 	 	 	 
	 Name:	 Sandeep Vij	 	  Name:	 Daniel Marotta	 
	 	 	 	 	 	 
	 Title:	 CEO	 	  Title:	 SVP & GM Broadcom	 
	 	 	 	 	 	 





 


 


 













 





-46-


 







[*] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.