Settlement Agreement dated June 23, 2008



 Exhibit 10.4 
 SETTLEMENT AGREEMENT 
 This Settlement Agreement (the “Agreement”) is made effective
as of this 23rd day of June, 2008 (the “Effective Date”), among: 
 On the one hand: 
 SAP America, Inc., a Delaware corporation, and SAP AG, a German corporation and the parent of SAP America, Inc.; and 
 On the other hand: 
 i2 Technologies
US, Inc., a Nevada corporation, and i2 Technologies, Inc., a Delaware corporation. 
 Recitals 
 A. On September 5, 2006, i2 Technologies US, Inc. and i2 Technologies, Inc. filed a lawsuit against SAP AG and SAP America, Inc. for infringement of
U.S. Patents Nos. 5,764,543; 5,930,156; 5,983,194; 6,055,519; 6,167,380; 6,188,989; and 7,085,729 in the action of i2 Technologies US, Inc. and i2 Technologies, Inc. v. SAP AG and SAP America, Inc., Civil Action No. 2-06-cv352-CE,
pending as of the Effective Date in the United States District Court for the Eastern District of Texas (the “Texas Action”). SAP America, Inc. and SAP AG have denied the claims asserted against them in the Texas Action, and have
asserted counterclaims against i2 Technologies, Inc. in that action. 
 B. On August 15, 2007, SAP AG filed a lawsuit against i2
Technologies, Inc. for infringement of U.S. Patents Nos. 6,407,761 and 6,750,766 in the action of SAP AG v. i2 Technologies, Inc., Civil Action No. 4:07-cv-04187-SBA, pending as of the Effective Date in the United States District Court
for the Northern District of California (the “California Action”). Subsequently, SAP AG was granted leave by the court to amend its complaint to add a claim for infringement of U.S. Patent No. 7,222,369. i2 Technologies, Inc.
has denied the claims asserted against it in the California Action, and has asserted counterclaims against SAP AG in that action. 
 C. The
Parties have an extensive history as partners and competitors and they desire to settle the Texas Action, the California Action, and all potential disputes between them pursuant to the terms of this Settlement Agreement. 
  

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 NOW, THEREFORE, in consideration of the foregoing premises and of the terms and conditions of this
Agreement, SAP AG, SAP America, Inc. and i2 Technologies, Inc. (singularly referred to herein as a “Party” and jointly as the “Parties”) hereby agree as follows: 
 1. DEFINITIONS 
 1.1 “Affiliate”
means, with respect to a Party, an Entity which on or after the Effective Date directly or indirectly controls, is controlled by or is under common control with such Party, whether through the ownership of securities, as a result of contract or
otherwise, it being understood that the ownership of securities or other instruments representing fifty percent (50%) or more of the outstanding voting power of a particular Entity shall constitute control for purposes of this definition.

 1.2 “California Action” shall have the meaning set forth in the Recitals. 
 1.3 “Change of Control” means: (a) the direct or indirect acquisition (except for transactions described in clause (b) of this
paragraph below), whether in one or a series of transactions by any Entity or related Entities of (i) ownership, beneficial or otherwise, of issued and outstanding shares of capital stock of a Party, the result of which acquisition is that such
Entity or such group possesses 50% or more of the combined voting power of all then-issued and outstanding capital stock of such Party, or (ii) the power to elect, appoint, or cause the election or appointment of at least a majority of the
members of the board of directors (or such other governing body that exercises a similar level of control over such Entity in the event a Party or any successor Entity is not a corporation); or (b) a merger, consolidation or other
reorganization or recapitalization of a Party with an Entity or a direct or indirect subsidiary of such Entity, provided that the result of such merger, consolidation or other reorganization or recapitalization, whether in one or a series of
related transactions, is that the holders of the outstanding voting stock of such Party immediately prior to such consummation do not possess, whether directly or indirectly, immediately after the consummation of such transaction, in excess of 50%
of the combined voting power of all then-issued and outstanding voting stock of the merged, consolidated, reorganized or recapitalized Entity, its direct or indirect parent, or the surviving Entity of such transaction. 
 1.4 “Entity” means any individual, trust, corporation, partnership, joint venture, limited liability company, association,
unincorporated organization or other legal or governmental entity. 
 1.5 “Foundry Product” means: 
 (a) a product manufactured by a Party or its Affiliate for or on behalf of a specific third party, using designs or specifications
received in a substantially completed form from that third party, for resale or re-license to or on behalf of that third party for its commercialization of such products, except in the case in which (i) such Party or its Affiliate owns the
design or specification of such product and the product is not specifically designed for commercial exploitation substantially only by such third party; or (ii) such design or specification resulted from a bona fide joint development or joint
participation between a Party or its Affiliate and such third party, including but not limited to a standards body or community organization and the resulting products, services or components provided by such Party or its Affiliate meet the
definition of that Party’s Licensed Products as set forth herein; or (iii) such product is a customized version of an i2 Licensed Product, in the case of i2, or an SAP Licensed Product, in the case of SAP, and such third party is an end
user who uses such customized version solely for its own end use, or (iv) such product is a custom product designed to be used in conjunction with an i2 Licensed Product, in the case of i2, or an SAP Licensed Product, in the case of SAP, and
such third party is an end user who uses such custom product solely for its own end use; or 
  

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 (b) a product or service designed by or for a specific third party and sold, leased or
otherwise transferred through or by a Party or its Affiliate for the sole purpose of attempting to make such product or service licensed or immune under the Patent rights of the other Party or its Affiliate that are the subject of this Agreement so
that any third party can receive the benefit of such license or immunity with respect to such product or service. 
 1.6 “Have
Made” means the right to have i2 Licensed Products or SAP Licensed Products, as the case may be, made by another manufacturer solely for the sale or license by the Parties hereto and their Affiliates, but only if the design and
specifications for such Licensed Products are furnished by i2 or SAP or their respective Affiliates to the manufacturer, the manufacturer reasonably adheres to the design and specifications so furnished, and the manufacturer shall not receive any
implied or express license rights hereunder other than the limited right to make the Licensed Products for sale or license by i2 or SAP or their Affiliates under the provisions of this Agreement. 
 1.7 “i2” means, collectively, i2 Technologies US, Inc. and i2 Technologies, Inc. 
 1.8 “i2 Authorized Developer” means any i2 Customer, any i2 Vendor, or any other third party authorized by i2 or an Affiliate of i2 to
create (i) an i2 Licensed Product, (ii) a derivative work or modification of any i2 Licensed Product, and/or (iii) a product, service, or technology that utilizes or invokes functions, features, services or technology of an i2
Licensed Product. 
 1.9 “i2 Customer” means any direct or indirect customer of i2 or any Affiliate of i2, including but not
limited to end users of any i2 Licensed Product. 
 1.10 “i2 Licensed Combination” means the combination of (i) an i2
Offering or a part thereof with (ii) another i2 Offering, or a part thereof, or a part of an i2 Offering referenced in clause (i) above, even if the i2 Offerings are purchased at different times and through different channels or the
combination is created by or for the end user or by one of i2’s or its Affiliate’s distribution channels. For the purposes of clarification, an i2 Licensed Combination may be formed by the invocation from an application of services
contained in or offered by an i2 Offering, rather than the actual combination of code. 
 1.11 “i2 Licensed Patents” means:

 (a) all Patents issued anywhere in the world to or otherwise owned by i2 or an Affiliate of i2 as of the Effective Date,
and all Patent applications (including provisional and non-provisional applications) filed by or on behalf of i2 or an Affiliate of i2 anywhere in the world as of the Effective Date, including but not limited to those Patents and Patent applications
listed in Exhibit D; 
  

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 (b) all U.S. or foreign Patents or Patent applications that now or in the future claim
priority to any of the Patents and Patent applications recited in clause (a); 
 (c) all divisional, continuation,
continuation-in-part, re-issue, substitute, reexamination, renewal, extension, CPA and RCE applications and Patents based on any of the Patents or Patent applications recited in clauses (a) or (b); 
 (d) any Patents which may be granted anywhere in the world on any of the applications recited in clauses (a), (b), or (c); and 

(e) any other Patents that as of the Effective Date are licensed to i2 or an Affiliate of i2 and with respect to which i2 or an
Affiliate of i2 has the right to grant licenses within the scope of the licenses granted by i2 in Section 2.1 of this Agreement. 
 1.12
“i2 Licensed Process” means any process or method claimed in any of the i2 Licensed Patents. 
 1.13 “i2 Licensed
Products” means: 
 (a) any i2 Offering, 
 (b) any derivative works, modifications, configurations, customizations, or extensions of any i2 Offering lawfully created by an i2
Authorized Developer, i2 Vendor, or i2 Customer if such derivative work, modification, configuration, customization or extension would not infringe an SAP Licensed Patent, whether directly or through inducement of or contribution to infringement,
but for its being based on the i2 Offering from which it was derived, modified, configured, customized or extended, 
 (c) any
i2 Licensed Combination, and 
 (d) any product, service or technology of a third party to the extent that it or a combination
of it with an i2 Offering utilizes or invokes functions, features, services or technology, including but not limited to enterprise services, contained in or invocable from any i2 Offering, or to the extent it is developed in conformance to a
specification specifically licensed by i2 or its Affiliate to such third party, if such third party product, service or technology would not infringe an SAP Licensed Patent, whether directly or through inducement of or contribution to infringement,
but for its use of functions, features, services or technology contained in or invocable from the i2 Offering or but for its development in conformance to a specification specifically licensed by i2 or its Affiliate to such third party; 

provided, however, that in no event shall “i2 Licensed Products” include any Foundry Products. 
 1.14 “i2 Offering” means any past, present or future software or hardware product, service, technology, specification, or platform that
is sold, licensed, offered, imported, or provided by i2 or an Affiliate of i2 and that in the absence of this Agreement would infringe, whether directly or through inducement of or contribution to infringement by another, at least one claim of an
SAP Licensed Patent. 
  

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 1.15 “i2 Vendor” means any third party authorized by i2 to license or resell, install,
configure, maintain and/or customize any i2 Offering or provide training or consulting services related thereto, including system integrators, resellers, connector vendors, value added resellers, OEMs and partners. 
 1.16 “Patents” means utility patents, utility models and invention certificates but does not include design patents or similar rights
protecting ornamental designs. 
 1.17 “SAP” means, collectively, SAP AG and SAP America, Inc. 
 1.18 “SAP Authorized Developer” means any SAP Customer, any SAP Vendor, or any other third party authorized by SAP or an Affiliate of
SAP to create (i) an SAP Licensed Product, (ii) a derivative work or modification of any SAP Licensed Product, and/or (iii) a product, service, or technology that utilizes or invokes functions, features, services or technology of an
SAP Licensed Product. 
 1.19 “SAP Customer” means any direct or indirect customer of SAP or any Affiliate of SAP, including
but not limited to end users of any SAP Licensed Product. 
 1.20 “SAP Licensed Combination” means the combination of
(i) an SAP Offering or a part thereof with (ii) another SAP Offering, or a part thereof, or a part of an SAP Offering referenced in clause (i) above, even if the SAP Offerings are purchased at different times and through different
channels or the combination is created by or for the end user or by one of SAP’s or its Affiliate’s distribution channels. For the purposes of clarification, an SAP Licensed Combination may be formed by the invocation from an application
of services contained in or offered by an SAP Offering, rather than the actual combination of code. 
 1.21 “SAP Licensed
Patents” means: 
 (a) U.S. Patents Nos. 6,407,761; 6,750,766; and 7,222,369; 
 (b) all U.S. or foreign Patents or Patent applications that now or in the future claim priority to any of the Patents recited in clause
(a); 
 (c) all divisional, continuation, continuation-in-part, re-issue, substitute, reexamination, renewal, extension, CPA
and RCE applications and Patents based on any of the Patents or Patent applications recited in clauses (a) or (b); 
 (d)
any Patents which may be granted anywhere in the world on any of the applications recited in clauses (b) or (c); and 
 (e) any other Patents that as of the Effective Date are licensed to SAP or an Affiliate of SAP and with respect to which SAP or an Affiliate of SAP has the right to grant licenses within the scope of the licenses and immunities granted by
SAP in Sections 2.2 and 2.3 of this Agreement. 
  

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 1.22 “SAP Licensed Process” means any process or method claimed in any of the SAP
Licensed Patents. 
 1.23 “SAP Licensed Products” means: 
 (a) any SAP Offering, 
 (b) any derivative works, modifications, configurations, customizations, or extensions of any SAP Offering lawfully created by an SAP Authorized Developer, SAP Vendor, or SAP Customer if such derivative work, modification, configuration,
customization or extension would not infringe an i2 Licensed Patent, whether directly or through inducement of or contribution to infringement, but for its being based on the SAP Offering from which it was derived, modified, configured, customized
or extended, 
 (c) any SAP Licensed Combination, and 
 (d) any product, service or technology of a third party to the extent that it or a combination of it with an SAP Offering utilizes or
invokes functions, features, services or technology, including but not limited to enterprise services, contained in or invocable from any SAP Offering, or to the extent it is developed in conformance to a specification specifically licensed by SAP
or its Affiliate to such third party, if such third party product, service or technology would not infringe an i2 Licensed Patent, whether directly or through inducement of or contribution to infringement, but for its use of functions, features,
services or technology contained in or invocable from the SAP Offering or but for its development in conformance to a specification specifically licensed by SAP or its Affiliate to such third party; 
 provided, however, that in no event shall “SAP Licensed Products” include any Foundry Products. 
 1.24 “SAP Non-Assert Patents” means the following Patents other than SAP Licensed Patents: 
 (a) all Patents issued anywhere in the world to or otherwise owned by SAP or an Affiliate of SAP as of the Effective Date, and all Patent
applications (including provisional and non-provisional applications) filed by or on behalf of SAP or an Affiliate of SAP anywhere in the world as of the Effective Date; 
 (b) all U.S. or foreign Patents or Patent applications that now or in the future claim priority to any of the Patents and Patent
applications recited in clause (a); 
 (c) all divisional, continuation, continuation-in-part, re-issue, substitute,
reexamination, renewal, extension, CPA and RCE applications and Patents based on any of the Patents or Patent applications recited in clauses (a) or (b); 
  

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 (d) any Patents which may be granted anywhere in the world on any of the applications
recited in clauses (a), (b), or (c); and 
 (e) any other Patents that as of the Effective Date are licensed to SAP or an
Affiliate of SAP and with respect to which SAP or an Affiliate of SAP has the right to grant immunities within the scope of the immunities granted by SAP in Section 2.3 of this Agreement. 
 1.25 “SAP Non-Assert Process” means any process or method claimed in any of the SAP Non-Assert Patents. 
 1.26 “SAP Offering” means any past, present or future software or hardware product, service, technology, specification, or platform that
is sold, licensed, offered, imported, or provided by SAP or an Affiliate of SAP and that in the absence of this Agreement would infringe, whether directly or through inducement of or contribution to infringement by another, at least one claim of an
i2 Licensed Patent. 
 1.27 “SAP Vendor” means any third party authorized by SAP to license or resell, install, configure,
maintain and/or customize any SAP Offering or provide training or consulting services related thereto, including system integrators, resellers, connector vendors, value added resellers, OEMs and partners. 
 1.27 “Texas Action” shall have the meaning set forth in the Recitals. 
 2. GRANT OF LICENSES AND COVENANT NOT TO SUE 
 2.1 License Grants by i2. 
 (a) i2 grants to SAP and its Affiliates, SAP Vendors, SAP Customers (whether direct or indirect) and SAP Authorized Developers, an
irrevocable, non-royalty bearing, fully paid-up, non-exclusive, worldwide, license, without the right to sublicense, under the i2 Licensed Patents to practice, design, make, Have Made, copy, operate, have operated, use, sell, offer to sell, license,
and import SAP Licensed Products, and to practice any i2 Licensed Process involved in the manufacture or use of such SAP Licensed Products. 
 (b) i2 grants an irrevocable, non-royalty bearing, fully paid-up, non-exclusive worldwide, license, without the right to sublicense, under the i2 Licensed Patents to any supplier or provider to SAP or any Affiliate of
SAP to make, Have Made, copy, use, sell, offer to sell, license, or import any component, part or portion of an SAP Licensed Product for or on behalf of SAP or its Affiliate and to practice any i2 Licensed Process involved in the manufacture or use
of such component, part or portion of an SAP Licensed Product for or on behalf of SAP or its Affiliate; and 
 (c) The
licenses granted in this Section 2.1 extend to activities of SAP and its Affiliates, SAP Vendors, SAP Customers and SAP Authorized Developers that would otherwise be deemed indirect infringement as further described in 35 USC Section 271.
Other than the payments called for pursuant to Section 4 of this Agreement, no royalties or additional payments of any kind shall be required in order to maintain the foregoing licenses in full force. 
  

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 (d) If a third party making products under have-made rights transfers such products to
any person or entity other than SAP, an Affiliate of SAP, an SAP Vendor, an SAP Authorized Developer, or supplier or provider to SAP or an Affiliate of SAP, those products will not be considered to be SAP Licensed Products and will not be within the
scope of the license rights set forth in this Section 2.1. 
 2.2 License Grants by SAP. 
 (a) SAP grants to i2 and its Affiliates, i2 Vendors, i2 Customers (whether direct or indirect) and i2 Authorized Developers, an
irrevocable, non-royalty bearing, fully paid-up, non-exclusive, worldwide, license, without the right to sublicense, under the SAP Licensed Patents to practice, design, make, Have Made, copy, operate, have operated, use, sell, offer to sell,
license, and import i2 Licensed Products, and to practice any SAP Licensed Process involved in the manufacture or use of such i2 Licensed Products. 
 (b) SAP hereby grants an irrevocable, non-royalty bearing, fully paid-up, non-exclusive worldwide, limited license, without the right to sublicense, under the SAP Licensed Patents to any supplier or provider to i2 or
any Affiliate of i2 to make, Have Made, copy, use, sell, offer to sell, license or import any component, part or portion of an i2 Licensed Product for or on behalf of i2 or its Affiliate and to practice any SAP Licensed Process involved in the
manufacture or use of such component, part or portion of an i2 Licensed Product for or on behalf of i2 or its Affiliate; and 
 (c) The licenses granted in this Section 2.2 extend to activities of i2 and its Affiliates, i2 Vendors, i2 Customers and i2 Authorized Developers that would otherwise be deemed indirect infringement as further described in 35 USC
Section 271. No royalties or additional payments of any kind shall be required in order to maintain the foregoing licenses in full force. 
 (d) If a third party making products under have-made rights transfers such products to any person or entity other than i2, an Affiliate of i2, an i2 Vendor, an i2 Authorized Developer, or supplier or provider to i2 or
an Affiliate of i2, those products will not be considered to be i2 Licensed Products and will not be within the scope of the license rights set forth in this Section 2.2. 
 2.3 Covenant Not to Sue. SAP covenants that neither SAP nor any of its Affiliates shall at any time sue: 
 (a) i2 or any of its Affiliates, i2 Vendors, i2 Customers (whether direct or indirect) or i2 Authorized Developers for any claim that the
practicing, design, manufacture, copying, use, sale, offer for sale, licensing, or importation at any time before the fifth anniversary of the Effective Date of any i2 Licensed Product, or that the practicing of an SAP Non-Assert Process involved in
the manufacture or use of an i2 Licensed Product at any time before the fifth anniversary of the Effective Date, constitutes direct infringement, indirect infringement, contributory infringement, or inducement of infringement of any SAP Non-Assert
Patents; or 
  

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 (b) any supplier or provider to i2 or any Affiliate of i2 for any claim that the
manufacture, copying, use, sale, offer for sale, licensing or importation of any component, part or portion of an i2 Licensed Product for or on behalf of i2 or its Affiliate at any time before the fifth anniversary of the Effective Date, or that the
practicing of an SAP Non-Assert Process involved in the manufacture or use of such component, part or portion of an i2 Licensed Product for or on behalf of i2 or its Affiliate at any time before the fifth anniversary of the Effective Date,
constitutes direct infringement, indirect infringement, contributory infringement, or inducement of infringement of any SAP Non-Assert Patents. 
 (c) For clarity, nothing in this Agreement (including the releases set forth in Section 3.2) shall prohibit SAP or its Affiliates from instituting legal proceedings and seeking any and all remedies for
infringement of any Non-Assert Patents based upon any acts taken after the fifth anniversary of the Effective Date, including but not limited to distribution of products after the fifth anniversary of the Effective Date manufactured before the fifth
anniversary of the Effective Date. 
 2.4 Duration. The licenses set forth in Section 2.1 will extend to the full end of the term
of the last to expire of the i2 Licensed Patents. The licenses set forth in Section 2.2 will extend to the full end of the term of the last to expire of the SAP Licensed Patents. 
 2.5 No Transfer and No Other Licenses. SAP has no right and agrees not to transfer any of the rights set forth in Section 2.1 except as
permitted in Section 6.11 below. i2 has no right and agrees not to transfer any of the rights set forth in Sections 2.2 and 2.3 except as permitted in Section 6.11 below. Except as expressly set forth in Sections 2.1, 2.2, 2.3 and 3, no
other license, right, or immunity is granted herein by a Party or its Affiliates, directly or by implication, estoppel or otherwise, and no such license or other right will arise from the consummation of this Agreement or from any acts, statements
or dealings leading to such consummation. However, each Party and its Affiliates shall be entitled to assert that the other Party or its Affiliates, successors or assigns is otherwise barred or estopped from asserting a Licensed Patent based on
activities not arising from this Agreement as an affirmative defense or counterclaim to any claim relating to the Licensed Patents brought by the licensing Party or any other Entity. Neither Party has any obligation hereunder to furnish or disclose
to the other Party any technical or other information or computer programs. 
 2.6 Spin Off of Business. In the event that a Party
elects to spin off to an Entity (a “Spin Off Entity”) any part of its business to which one or more Licensed Patents relate, whether or not such Entity is an Affiliate of such Party, then: 
 (a) such Party shall give prompt written notice of such spin off to the other Party and of any assignment made pursuant to the provisions
of this Section 2.6; and 
  

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 (b) the license rights granted by i2 in Section 2.1, or the license rights and
covenant not to sue granted by SAP in Sections 2.2 and 2.3, as the case may be, shall continue to apply to such Spin Off Entity and its Affiliates, and as the case may be, its Authorized Developers, Customers and Vendors, but only with respect to
(1) those SAP Licensed Products or i2 Licensed Products, as the case may be, actually distributed or generally available to Customers prior to the date such spin off is consummated (“Spin Off Licensed Products”) and
(2) any future versions of Spin Off Licensed Products, but only with respect to those portions of such future versions that use or embody features, functionality, and/or technology used or embodied in the Spin Off Licensed Products prior to the
date such spin off is consummated. Features, functionality and/or technology beyond that used or embodied in the Spin Off Licensed Products prior to the date such spin off is consummated will not be licensed or within the covenant not to sue, as the
case may be, in such future versions, and new products or services of the Spin Off Entity will not be licensed or subject to the covenant not to sue. In addition, in the event of such an assignment, the licenses and the covenant not to sue granted
to the Spin Off Entity shall be subject to the following limitations in the following two circumstances: 
 (i) If the Spin
Off Entity itself had total revenues in the twelve (12) months immediately prior to the spin off, or is owned or controlled by an Entity that had total revenues attributable to sales or licensing of software, computer technology and/or
information technology and related services in the twelve (12) months immediately prior to the spin off, equal to or exceeding three billion U.S. dollars (US$3,000,000,000), then the licenses and the covenant not to sue granted to the Spin Off
Entity shall automatically become limited in the twelve (12) months immediately following such spin off to the lesser of (i) a fifteen percent (15%) increase in total volume of each Spin Off Licensed Product sold or licensed by the
Spin Off Entity and its Affiliates over that sold by such Party and its Affiliates before the spin off and (ii) a volume of each Spin Off Licensed Product sold or licensed by the Spin Off Entity and its Affiliates that generate revenue to such
Spin Off Entity and its Affiliates equal to no more than the revenue generated to such Party and its Affiliates by such Spin Off Licensed Product in the twelve (12) months preceding such spin off plus fifteen percent (15%); and shall be
limited, in each of the successive twelve-month periods following such spin off, to the lesser of (i) the total volume of each Spin Off Licensed Product sold or licensed by the Spin Off Entity and its Affiliates in the immediately preceding
twelve-month period plus fifteen percent (15%) and (ii) a volume of each Spin Off Licensed Product that generates revenue to such Spin Off Entity and its Affiliates equal to no more than the total amount of revenue generated to such Spin
Off Entity and its Affiliates by such Spin Off Licensed Product during the immediately preceding twelve-month period plus fifteen percent (15%); and 
 (ii) If the Spin Off Entity itself had total revenues in the twelve (12) months immediately prior to the spin off, or is owned or controlled by an Entity that had total revenues attributable to sales or licensing
of software, computer technology and/or information technology and related services in the twelve (12) months immediately prior to the spin off, equal to or exceeding one billion U.S. dollars (US$1,000,000,000) but less than three billion U.S.
dollars (US$3,000,000,000), then the licenses and the covenant not to sue granted to the Spin Off Entity shall automatically become subject to the same limitations set forth in the preceding clause (i), except that the applicable percentages shall
be twenty-five percent (25%) rather than fifteen percent (15%). 
  

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 (c) The provisions and limitations of this Section 2.6 shall apply to any subsequent
spin offs that may be made by any Spin Off Entity. 
 3. RELEASES AND DISMISSAL OF LITIGATION 
 3.1 i2 Releases. 
 (a)
i2, on behalf of itself and its Affiliates and their respective successors and assigns, irrevocably releases, acquits and forever discharges SAP and its Affiliates and their respective officers, directors, employees, agents, predecessors,
successors, assigns, representatives, and attorneys (collectively, “SAP Releasees”), in each case from any and all claims or liabilities of any kind, at law, in equity, or otherwise, known and unknown, suspected and unsuspected,
disclosed and undisclosed, accrued and unaccrued, from all causes of action of any kind or legal theory relating in any way to actions taken before the Effective Date by the SAP Releasees; provided, however, that nothing contained within this
release shall be deemed to release SAP or its Affiliates from any of its duties or obligations set forth under this Agreement. 
 (b) i2, on behalf of itself and its Affiliates and their respective successors and assigns, irrevocably releases, acquits and forever discharges SAP Authorized Developers, SAP Customers, SAP Vendors, and any supplier or provider to SAP or
any Affiliate of SAP, and their respective officers, directors, employees, agents, predecessors, successors, assigns, representatives, and attorneys, in each case from any and all claims or liabilities of any kind, at law, in equity, or otherwise,
known and unknown, suspected and unsuspected, disclosed and undisclosed, accrued and unaccrued, from all causes of action of any kind or legal theory relating in any way to actions taken prior to the Effective Date which would have been licensed
pursuant to Section 2.1 of this Agreement had this Agreement been in effect at the time such actions were taken. 
 3.2 SAP
Releases. 
 (a) SAP, on behalf of itself and its Affiliates and their respective successors and assigns, irrevocably
releases, acquits and forever discharges i2 and its Affiliates and their respective officers, directors, employees, agents, predecessors, successors, assigns, representatives, and attorneys (collectively, “i2 Releasees”), in each
case from any and all claims or liabilities of any kind, at law, in equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, accrued and unaccrued, from all causes of action of any kind or legal theory relating
in any way to actions taken before the Effective Date by the i2 Releasees; provided, however, that nothing contained within this release shall be deemed to release i2 or its Affiliates from any of its duties or obligations set forth under this
Agreement. 
 (b) SAP, on behalf of itself and its Affiliates and their respective successors and assigns, irrevocably
releases, acquits and forever discharges i2 Authorized Developers, i2 Customers, i2 Vendors, and any supplier or provider to i2 or any Affiliate of i2, and their respective officers, directors, employees, agents, predecessors, successors, assigns,
representatives, and attorneys, in each case from any and all claims or liabilities of any kind, at 

  

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law, in equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, accrued and unaccrued, from all causes of action of
any kind or legal theory relating in any way to actions taken prior to the Effective Date which would have been licensed pursuant to Section 2.2 of this Agreement or would have been within the scope of the covenant not to sue set forth in
Section 2.3 of this Agreement had this Agreement been in effect at the time such actions were taken. 
 3.3 General Releases. The
releases by i2 and SAP in this Agreement include an express, informed, knowing and voluntary waiver and relinquishment to the fullest extent permitted by law as expressly stated in Sections 3.1 and 3.2 above. In this connection, the Parties
acknowledge that they may have sustained damages, losses, costs or expenses arising from or related to claims, counterclaims, causes of action or liabilities that are presently unknown and unsuspected and that such claims, counterclaims, causes of
action, liabilities, damages, losses, costs or expenses as may have been sustained may give rise to additional damages, losses, costs or expenses in the future. The Parties hereto further acknowledge that they have negotiated this Agreement taking
into account presently unsuspected and unknown claims, counterclaims, causes of action, liabilities, damages, losses, costs and expenses, and the Parties hereto voluntarily and with full knowledge of its significance, expressly waive and relinquish
any and all rights they may have under any state or federal statute, rule or common law principle, in law or equity, relating to limitations on general releases, including but not limited to such rights under Section 1542 of the California
Civil Code (or statutes of similar import in other states), which provides as follows: 
 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 
 3.4 Dismissal of the Texas Action and the California Action With Prejudice. Within five (5) business days after receipt by i2 of the
“Payment” set forth in Section 4 below, the Parties shall cause their respective attorneys to file with the United States District Court for the Eastern District of Texas a fully executed Proposed Stipulation and Order of Dismissal
with Prejudice in the form attached hereto as Exhibit A, and to file with the United States District Court for the Northern District of California a fully executed Proposed Stipulation and Order of Dismissal with Prejudice in the form
attached hereto as Exhibit B, with each side to bear its own fees and costs arising from or related to the Texas Action and the California Action. 
 3.5 Additional Documents. Each Party shall execute all such further and additional documents as may be necessary or desirable to carry out the provisions of this Section 3. 
  

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 4. FEES 
 4.1 Payment. In full consideration of the releases, licenses, covenant not to sue and other rights granted herein, SAP AG shall, in accordance with the provisions of Section 4.3 below, pay to i2 the amount of fifty million U.S.
dollars (US$50,000,000) plus an additional amount (the “Additional Amount”) determined in accordance with the provisions of Exhibit E (the total of $50,000,000 plus the Additional Amount being referred to as the
“Payment”) via wire transfer to the following account: 
  

			
	Bank Name:	  	JP Morgan Chase Bank Texas
	Bank Address:	  	Dallas, TX 75201
	For:	  	i2 Technologies Inc.
	Address:	  	1170 Luna Road
		  	Dallas, TX 75234
	Account #:	  	32407006380
	Routing#:	  	113000609
	SWIFT code:	  	CHASUS33TEX

 4.2 Fees and Costs. Each Party to this Agreement shall bear its own fees and costs,
including attorneys’ fees, incurred in connection with the negotiation and drafting of this Agreement and in connection with any and all disputes between the Parties related to the Texas Action and the California Action. 
 4.3 Income Taxes and Procedure for Payment. 
 (a) Immediately upon execution of this Agreement, the Parties shall use their best efforts to obtain a stay of all proceedings in the Texas Action and the California Action pending execution of the procedures set
forth in this Section 4.3 for making the Payment. 
 (b) Income taxes on the Payment will be borne by i2. Under German
tax law, SAP is obligated to withhold the withholding tax in the case of license payments to recipients of compensation located abroad. (§ 50d EStG). This obligation can be ignored if SAP has been provided with an application of tax exemption
in case of license payments. SAP will send to i2 within five (5) business days after execution of this Agreement a prepared application form of exemption from the German withholding tax. i2 shall promptly fill in and sign the application and
return it to SAP together with a form 6166 Certification of Licensor as United States resident for U.S. taxation to: 
 SAP AG 
 Corporate Tax, attention Roland Schmidt 
 Dietmar-Hopp-Allee 16 
 69190 Walldorf 
 Germany 
 SAP shall, within five (5) business days after the Additional Amount has been determined in accordance with
the procedures set forth in Exhibit E and SAP has received the signed application together with form 6166 from i2, forward these documents to the competent authorities Bundeszentralamt für Steuern to apply for the exemption certificate on
behalf of i2. After the Bundeszentralamt für Steuern has issued the exemption certificate, SAP will remit the Payment to i2 within ten (10) business days without any withholding tax deductions. In the event that the Bundeszentralamt
für Steuern denies issuance of the exemption certificate, then SAP shall gross up the amount of the Payment such that the amount received by i2 net of all 

  

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withholding taxes shall equal the agreed amount set forth in Section 4.1 above, and shall remit such net amount to i2 within ten (10) business days
of final denial of the exemption certificate by the Bundeszentralamt für Steuern. 
 4.4 Other Taxes. All taxes or customs duties
on the Payment except income or corporation taxes will be borne by SAP. 
 4.5 Nonrefundable. The amount payable pursuant to
Section 4.1 is nonrefundable for any reason, including the case that one or more of the i2 Licensed Patents are found to be invalid or unenforceable. 
 5. REPRESENTATIONS AND WARRANTIES AND INDEMNITY 
 5.1 Mutual Representations and Warranties. Each Party represents
and warrants, solely to and for the benefit of the others, that: 
 (a) it has the full right, power and authority to enter
into this Agreement and perform its obligations hereunder, to grant the releases set forth in this Agreement, and to grant the licenses and covenant not to sue, as the case may be, set forth in this Agreement; 
 (b) its performance of this Agreement shall not conflict with or result in a breach or violation of any of the terms or provisions or
constitute a default under any other agreement by which it is bound or to which its assets are subject; and 
 (c) when
executed and delivered, this Agreement shall constitute a legal, valid and binding obligation enforceable against it in accordance with its terms. 
 5.2 Representations and Warranties of i2. i2 represents and warrants to SAP that: 
 (a) i2 has not granted
and will not grant any license or right in the i2 Licensed Patents that interferes or conflicts with any of the rights granted in Section 2.1 of this Agreement, and will take no action or omit to take any action that would prevent or hinder the
exercise of the license rights granted in Section 2.1 of this Agreement and that i2 will bind any of its Affiliates or successors or assigns to the same obligation; and 
 (b) i2 has as of the Effective Date and throughout the term of this Agreement will continue to have (or shall cause to have) all rights in
the i2 Licensed Patents necessary to allow SAP, its Affiliates, and their SAP Customers, SAP Vendors, SAP Authorized Developers, and suppliers and providers to SAP to exercise the license rights granted in Section 2.1 of this Agreement without
any restriction or charge, and no entity other than i2, duly acting on behalf of itself and its Affiliates, is required to act in order to fully effectuate the licenses and releases of the scope contemplated in this Agreement. 
  

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 5.3 Representations and Warranties of SAP. SAP represents and warrants to i2 that: 
 (a) SAP has not granted and will not grant any license or right in the SAP Licensed Patents that interferes or conflicts with any of the
rights granted in Section 2.2 of this Agreement, and will take no action or omit to take any action that would prevent or hinder the exercise of the license rights granted in Section 2.2 of this Agreement and that SAP will bind any of its
Affiliates or successors or assigns to the same obligation; and 
 (b) SAP has as of the Effective Date and throughout the
term of this Agreement will continue to have (or shall cause to have) all rights in the SAP Licensed Patents necessary to allow i2 and its Affiliates to exercise the license rights granted in Section 2.2 of this Agreement without any
restriction or charge, and no entity other than SAP, duly acting on behalf of itself and its Affiliates, is required to act in order to fully effectuate the licenses and releases of the scope contemplated in this Agreement. 
 5.4 Indemnity. 
 (a)
By i2. i2 and its Affiliates and successors and assigns shall indemnify, defend and hold harmless SAP, its Affiliates and their successors and assigns against their actual costs, attorneys’ fees, damages and other fees incurred, in the
event of an actual or threatened claim of patent infringement made by i2 or any of its Affiliates under any of the i2 Licensed Patents against any Entity (including but not limited to SAP or its Affiliates) licensed pursuant to Section 2.1
above based upon any acts that were within the scope of the license of Section 2.1 at the time such acts were performed, provided that i2 or any of its Affiliates continues to assert any such actual or threatened claim of patent infringement
after a period of thirty (30) days have elapsed after receipt of written notice from SAP that such acts by such Entity were licensed pursuant to Section 2.1 above. During this thirty (30) days period, the Parties shall cooperate in
good faith in order to determine whether or not the claim made by i2 is made based upon acts by such Entity that were licensed pursuant to Section 2.1. 
 (b) By SAP. SAP and its Affiliates and successors and assigns shall indemnify, defend and hold harmless i2 and its Affiliates and
their successors and assigns against their actual costs, attorneys’ fees, damages and other fees incurred, in the event of an actual or threatened claim of patent infringement made by SAP or any of its Affiliates in breach of the covenant not
to sue set forth in Section 2.3 or made by SAP or any of its Affiliates under any of the SAP Licensed Patents against any Entity (including but not limited to i2 or its Affiliates) licensed pursuant to Section 2.2 above based upon any acts
that were within the scope of the license of Section 2.2 at the time such acts were performed, provided that SAP or any of its Affiliates continues to assert any such actual or threatened claim of patent infringement after a period of thirty
(30) days have elapsed after receipt of written notice from i2 that such claim is in breach of the covenant not to sue set forth in Section 2.3 or that such acts by such Entity were licensed pursuant to Section 2.2 above. During this
thirty (30) days period, the Parties shall cooperate in good faith in order to determine whether or not the claim made by SAP is in breach of the covenant not to sue set forth in Section 2.3 or is made based upon acts by such Entity that
were licensed pursuant to Section 2.2. 
  

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 5.5 General Disclaimer. Except as expressly set forth in Sections 5.1 and 5.2, the Licensed
Patents are licensed “AS IS” without warranty of any kind, and each party hereby disclaims all other warranties, express, implied, and statutory, including but not limited to all implied warranties of merchantability, non-infringement and
fitness for a particular purpose. 
 6. GENERAL 
 6.1 Entire Agreement. This Agreement constitutes the entire agreement among the Parties with respect to the subject matter hereof and supersedes all promises or understandings made prior to or contemporaneously herewith with respect
to such subject matter. 
 6.2 Severability. In the event that any provision of this Agreement is deemed invalid, unenforceable or
void by a final, non-appealable judgment of a court of competent jurisdiction in a proceeding initiated by a third party, the remainder of this Agreement shall be interpreted to the extent possible to effect the overall intention of the Parties at
the Effective Date. 
 6.3 Multiple Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but both of which together shall constitute one and the same instrument. 
 6.4 Modification. This Agreement may not be
amended, modified or altered in any way, except in a writing identified as such and signed by all Parties hereto. 
 6.5
Confidentiality. From and after the Effective Date, neither Party shall disclose the terms of this Agreement without the prior written consent of the other Party, except that a Party may make any of the following disclosures without prior
written consent of the other Party: 
 (a) to any governmental or regulatory body including any stock exchanges having
jurisdiction and/or regulatory obligations specifically requiring such disclosure; 
 (b) in response to a valid subpoena or
as otherwise may be required by law; 
 (c) for the purposes of disclosure in connection with the Securities Exchange Act of
1934, as amended, the Securities Act of 1933, as amended, and any other reports filed with the Securities and Exchange Commission, or any other filings, reports or disclosures that may be required under applicable laws or regulations; provided that
before such disclosure (i) the Party making the disclosure shall use its best efforts to redact portions of this Agreement to the extent permitted by applicable law and regulations; and (ii) the disclosing Party shall provide the other
Party with an opportunity to review and comment on the proposed redacted disclosure. To the extent one Party makes a disclosure of terms of this Agreement in accordance with this clause (c), the other Party shall be free to disclose the same terms
of this Agreement in its own filings, reports or disclosures that may be required under applicable laws or regulations. The Parties agree that, in the event a Party includes only a summary of this Agreement in a filing, report or disclosure required
under applicable laws or regulations, as opposed to the language of the Agreement itself, such Party shall, unless otherwise agreed by the Parties, use a summary in substantially the form set forth in Exhibit C hereto; 
  

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 (d) to a Party’s accountants, legal counsel, tax advisors and other financial and
legal advisors, subject to obligations of confidentiality and/or privilege; 
 (e) as required during the course of litigation
and subject to protective order; provided, however, that any production under a protective order would be protected under an “Attorney Eyes Only” or higher confidentiality obligation; and 
 (f) in confidence, in connection with a proposed merger, acquisition or similar transaction. 
 6.6 Publicity. Each Party shall maintain this Agreement in confidence and shall not disclose or otherwise discuss this Agreement, or its terms and
conditions, except as expressly set forth in this Section 6.6. The Parties will mutually agree to a press release concerning this Agreement within ten (10) business days after execution of this Agreement and shall each promptly issue the
agreed press release thereafter; other than such agreed press release, neither Party shall issue any press release relating to this Agreement. Each Party may disclose this Agreement and its terms and conditions as necessary to its respective
accountants, Affiliates, legal counsel, tax advisors, insurance carriers, and bankers, or as may be required by law, rule, regulation or in connection with any court order, subpoena or valid process of law. Notwithstanding anything in this
Section 6.6 to the contrary, (i) either Party may state that “i2 and SAP have entered into a patent license and settlement agreement,” and (ii) each Party may inform the Entities covered by the licenses, releases, and
covenant not to sue, as the case may be, set forth in Sections 2 and 3 above that they are so covered. 
 6.7 Notices. Any notices
given hereunder shall be in writing, will reference this Patent License and Settlement Agreement and will be deemed given when: (i) delivered personally; (ii) when sent by confirmed telex or facsimile; (iii) five (5) days after
having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a commercial overnight carrier, with written verification of receipt. All communications will be sent to
the addresses set forth below or such other addresses as may be designated by a Party by giving written notice to the other Party pursuant to this Section 6.7: 
 Notices to i2: 
 i2 Technologies Inc. 
 Attention: General Counsel 
 1170 Luna Road

 Dallas, TX 75234 
 With a
copy, which shall not constitute notice, to: 
 McKool Smith, P.C. 
 Attn: Theodore Stevenson III 
 300 Crescent
Court, Suite 1500 
 Dallas, TX 75201 
 Fax: (214) 978-4288 
  

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 Notices to SAP: 
 SAP Labs, LLC 
 3421 Hillview Avenue 
 Palo Alto, CA 94304 
 Attention: Chief
Intellectual Property Officer 
 Fax: (650) 849-4344 
 With a copy to: 
 SAP AG 
 Dietmar-Hopp-Allee 16 
 69190 Walldorf 
 Germany 
 Attention: Intellectual Property
Counsel, Global IP Dept. 
 Fax: +49 6227 7 42060 
 6.8 Non-Waiver. The waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. 
 6.9 Non-Agency. Nothing contained in this Agreement or the performance thereof is intended to or shall be construed to create any relationship of
agency, partnership or joint venture between or among the Parties. 
 6.10 Enforcing Licensed Patents. Nothing in this Agreement shall
be construed as an agreement by either Party to bring actions or suits against third parties for infringement of its Licensed Patents, or conferring any right to the other Party or its Affiliates to bring actions or suits against third parties for
infringement of its Licensed Patents. 
  

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 6.11 Assignment. Neither Party may assign this Agreement without the prior written consent of the
other Party, which will not be unreasonably withheld, except that a Party may assign this Agreement without the other Party’s written consent and subject to the provisions of Section 2.6 in connection with a Change of Control of such
Party, and the license rights granted in Section 2.1 or 2.2 above and the covenant not to sue in Section 2.3, as the case may be, shall continue to apply to the Entity surviving such Change of Control (the “Surviving
Entity”) and its Affiliates, and as the case may be, its Authorized Developers, Customers and Vendors, but only with respect to (i) those SAP Licensed Products or i2 Licensed Products, as the case may be, actually distributed or
generally available to Customers prior to the date such Change of Control is consummated (“Surviving Entity Licensed Products”) and (ii) any future versions of Surviving Entity Licensed Products, but only with respect to those
portions of such future versions that use or embody features, functionality, and/or technology used or embodied in the Surviving Entity Licensed Products prior to the date such Change of Control is consummated. Features, functionality and/or
technology beyond that used or embodied in the Surviving Entity Licensed Products prior to the date such Change of Control is consummated will not be licensed or within the covenant not to sue, as the case may be, in such future versions, and new
products or services of the Surviving Entity will not be licensed or subject to the covenant not to sue. In addition, in the event of such an assignment, the licenses and the covenant not to sue granted to the Surviving Entity shall be subject to
the following limitations in the following two circumstances: 
 (a) If the Surviving Entity itself had total revenues in the
twelve (12) months immediately prior to the Change of Control, or is owned or controlled by an Entity that had total revenues attributable to sales or licensing of software, computer technology and/or information technology and related services
in the twelve (12) months immediately prior to the Change of Control, equal to or exceeding three billion U.S. dollars (US$3,000,000,000), then the licenses and the covenant not to sue granted to the Surviving Entity shall automatically become
limited in the twelve (12) months immediately following such Change of Control to the lesser of (i) a fifteen percent (15%) increase in total volume of each Surviving Entity Licensed Product sold or licensed by the Surviving Entity
and its Affiliates over that sold by such Party and its Affiliates before the Change of Control and (ii) a volume of each Surviving Entity Licensed Product sold or licensed by the Surviving Entity and its Affiliates that generate revenue to
such Surviving Entity and its Affiliates equal to no more than the revenue generated to such Party and its Affiliates by such Surviving Entity Licensed Product in the twelve (12) months preceding such Change of Control plus fifteen percent
(15%); and shall be limited, in each of the successive twelve-month periods following such Change of Control, to the lesser of (i) the total volume of each Surviving Entity Licensed Product sold or licensed by the Surviving Entity and its
Affiliates in the immediately preceding twelve-month period plus fifteen percent (15%) and (ii) a volume of each Surviving Entity Licensed Product that generates revenue to such Surviving Entity and its Affiliates equal to no more than the
total amount of revenue generated to such Surviving Entity and its Affiliates by such Surviving Entity Licensed Product during the immediately preceding twelve-month period plus fifteen percent (15%); and 
 (b) If the Surviving Entity itself had total revenues in the twelve (12) months immediately prior to the Change of Control, or is
owned or controlled by an Entity that had total revenues attributable to sales or licensing of software, computer technology and/or information technology and related services in the twelve (12) months immediately prior to the Change of
Control, equal to or exceeding one billion U.S. dollars (US$1,000,000,000) but less than three billion U.S. dollars (US$3,000,000,000), then the licenses and the covenant not to sue granted to the Surviving Entity shall automatically become subject
to the same limitations set forth in the preceding clause (a), except that the applicable percentages shall be twenty-five percent (25%) rather than fifteen percent (15%). 
 (c) The provisions and limitations of this Section 6.11 shall apply to any subsequent assignments by any Surviving Entity that may
undergo a Change of Control. 
 (d) Each Party shall give prompt written notice to the other Party of any assignment made
pursuant to the provisions of this Section 6.11. Any attempted or purported assignment or delegation by a Party in violation of this Section 6.11 or Section 2.6 shall be null and void. Subject to the foregoing, this Agreement shall be
binding upon, and shall inure to the benefit of, the Parties and their respective successors and permitted assigns. For the avoidance of doubt, the licenses granted herein shall run with the Licensed Patents irrespective of future transfers,
assignments, or licenses of such Licensed Patents. Nothing in this provision shall restrict or prevent a Party from transferring, assigning or licensing any of its Licensed Patents without prior written notice or consent of the other Party, but
subject to the rights and licenses granted hereunder. Each Party agrees, however, to provide the other Party with notice of any transfer or assignment of any Licensed Patent. 
  

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 6.12 Governing Law. This Agreement will be governed by and construed in accordance with the
internal laws of the State of Delaware, without regard to or application of choice of law rules or principles. 
 6.13 Cumulation. All
rights and remedies enumerated in this Agreement will be cumulative and none will exclude any other right or remedy permitted herein or by law. 
 6.14 Representation by Counsel. Each of the Parties acknowledges that it has been represented by counsel in connection with the negotiation, drafting and execution of this Agreement. The language used in this Agreement shall be
deemed to be language chosen by all Parties to express their mutual intent, and no rule of strict construction against any Party shall be applied to any term or provision hereof. 
 6.15 Captions. The captions to the sections or subsections of this Agreement are solely for the convenience of the Parties, are not a part of this
Agreement, and shall not be used for the interpretation of, or determination of the validity of, this Agreement or any provision hereof. 
 6.16 Bankruptcy. Each Party acknowledges that all rights and licenses granted by it 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(35A) of the Bankruptcy Code. Each Party acknowledges that if it, 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 license 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 Agreement 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. Any Change of Control resulting from any such bankruptcy proceeding shall remain subject to Section 6.11 above 
 6.17
Dispute Resolution. The Parties will attempt to resolve by mediation using Hesha Abrams, if reasonably available, any dispute or claim arising out of or relating to this Agreement within thirty (30) days of one Party giving notice of the
dispute or claim to the other Party. In the event such dispute or claim cannot be resolved within such thirty (30) days, then either Party may serve the other Party with a notice of arbitration, and in such event, the dispute or claim will be
submitted to binding arbitration in Dallas, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in force and the Federal Arbitration Act. The terms of this Agreement shall control in the event
of any inconsistency between it and the AAA rules. The arbitration will be conducted by a single arbitrator who shall have substantial experience in patent law and who shall apply Delaware law and applicable federal law to the dispute or claim. The
arbitrator will be selected by mutual agreement of the 

  

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Parties, and in the event the Parties are unable to agree within thirty (30) days of one Party’s notification of their intention to initiate
arbitration, then each Party shall nominate a person unaffiliated with the Party to select the arbitrator, and the two nominees shall then mutually select the arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
The statute of limitations and doctrines of laches, estoppel and the like which would apply to a lawsuit will apply in arbitration, and invocation of arbitration will be equivalent to beginning a lawsuit for this purpose. The prevailing party in the
arbitration proceeding, as determined by the arbitrator, shall be entitled to recover its reasonable attorneys fees and costs for the arbitration, including the fees of the arbitrator and the arbitration fees of the AAA, from the other Party. This
dispute resolution provision is applicable only to the Parties and their Affiliates and their respective successors and assigns, and does not apply to other Entities. 
 [remainder of this page intentionally left blank] 
  

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 IN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to be executed through its duly
authorized representative below. 
  

									
	SAP AG	 		 	I2 Technologies, Inc.
					
	By:	 	 	 		 	By:	 	 
					
	Printed Name:	 	 	 		 	Printed Name:	 	 
					
	Title:	 	 	 		 	Title:	 	 
			
	SAP AG	 		 	I2 Technologies US, Inc.
					
	By:	 	 	 		 	By:	 	 
					
	Printed Name:	 	 	 		 	Printed Name:	 	 
					
	Title:	 	 	 		 	Title:	 	 
			
	SAP America, Inc.	 		 	
					
	By:	 	 	 		 		 	
					
	Printed Name:	 	 	 		 		 	
					
	Title:	 	 	 		 		 	

  

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 Exhibit A 
 Proposed Stipulation and Order of Dismissal with Prejudice 
 (Texas Action) 
 IN THE UNITED STATES DISTRICT COURT 
 FOR THE EASTERN DISTRICT OF TEXAS 
 MARSHALL DIVISION 
  

			
	 i2 Technologies US, Inc., and
 i2 Technologies, Inc.,

  
 Plaintiffs,
	  	
	 v.
	  	Civil Action No. 2-06-CV-352-CE
	 SAP AG, and
 SAP America, Inc.,
 Defendants.
	  	  
 JURY TRIAL REQUESTED


 STIPULATION OF DISMISSAL WITH PREJUDICE 
 Come now Plaintiffs i2 Technologies US, Inc. and i2 Technologies, Inc. (collectively, “i2”) and files this stipulation of dismissal as to
Defendants SAG AG, and SAP America, Inc. (collectively, “SAP”). i2 has agreed to dismiss all claims asserted against SAP in this case with prejudice in accordance with a Patent License and Settlement Agreement. Accordingly, pursuant to
Federal Rule of Civil Procedure 41(a)(1), i2 stipulates to the dismissal with prejudice of all claims asserted in this case against SAP. The parties further stipulate that they shall bear their own attorneys’ fees, expenses, and costs.

  

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	Dated: June __, 2008.	 		 	Respectfully submitted,
			
		 		 	McKOOL SMITH, P.C.
			
	 	 		 	/s/ Sam Baxter
		 		 	 Sam Baxter, Lead Attorney
 Texas State Bar
No. 01938000
 sbaxter@mckoolsmith.com
 McKool Smith, P.C.

 104 East Houston, Suite 300
 Marshall, Texas 75670

Telephone: (903) 923-9000
 Facsimile: (903) 923-9099

 
 Theodore Stevenson, III
 Texas State Bar No. 19196650
 tstevenson@mckoolsmith.com
 David Sochia
 Texas State Bar No. 00797470
 dsochia@mckoolsmith.com
 William E. Davis, III
 Texas State Bar No. 24047416
 wdavis@mckoolsmith.com
 McKool Smith, P.C.
 300 Crescent Court, Suite 1500
 Dallas, Texas 75201
 Telephone: (214) 978-4000
 Telecopier: (214) 978-4044
  
 Andrew W. Spangler
 Texas State Bar No. 24041960
 spangler@spanglerlawpc.com
 Spangler Law P.C.
 208 N. Green St., Suite 300
 Longview, Texas 75601
 Telephone: (903) 753-9300
 Telecopier: (903) 553-0403
  
 ATTORNEYS FOR PLAINTIFFS
 i2 TECHNOLOGIES US, INC. AND i2
 TECHNOLOGIES, INC.


  

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 CERTIFICATE OF SERVICE 
 I hereby certify that a true and correct copy of the foregoing document was served on counsel of record via ECF or U.S. Mail on this
             day of June, 2008. 
  

	
	
	/s/ William E. Davis, III
	William E. Davis, III


 CERTIFICATE OF CONFERENCE 
 I hereby certify that counsel for i2 conferred with counsel for SAP on the relief requested in this motion pursuant to L.R. CV-7(h) and that the parties
agree to the relief requested. 
  

	
	
	/s/ William E. Davis, III
	William E. Davis, III


  

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 Exhibit B 
 Proposed Stipulation and Order of Dismissal with Prejudice 
 (California Action) 
  

			
	 DAVID L. HAYES (CSB No. 122894)
     (dhayes@fenwick.com)
 MICHAEL J. SACKSTEDER (CSB No. 191605)
     (msacksteder@fenwick.com)
 FENWICK & WEST LLP
 555 California Street
 12th Floor
 San Francisco, CA 94104

	 Telephone:
 Facsimile:
	  	 (415) 875-2300
 (415) 281-1350

	
	 SAINA S. SHAMILOV (CSB No. 216636)
     (sshamilov@fenwick.com)
 TODD R. GREGORIAN (CSB NO. 236096)
     (tgregorian@fenwick.com)
 FENWICK & WEST LLP
 Silicon Valley Center, 801 California Street
 Mountain View, CA
94041

	 Telephone:
 Facsimile:
	  	 (650) 988-8500
 (650) 938-5200

	
	 Attorneys for Plaintiff
 SAP
AKTIENGESELLSCHAFT


 UNITED STATES DISTRICT COURT 
 NORTHERN DISTRICT OF CALIFORNIA 
 OAKLAND DIVISION 
  

			
	 SAP AKTIENGESELLSCHAFT, a German corporation,
 Plaintiff,
 v.
 i2 TECHNOLOGIES, INC., a Delaware corporation,
 Defendant.
	  	 Case No. 4:07-cv-04187 SBA
  
 STIPULATION OF DISMISSAL
 BETWEEN PLAINTIFF SAP
 AKTIENGESELLSCHAFT AND
 DEFENDANT i2 TECHNOLOGIES AND [PROPOSED]
ORDER


  

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 The parties having agreed to a settlement of this matter without admissions of any kind, IT IS HEREBY
STIPULATED by and between the plaintiff/counterclaim defendant, SAP Aktiengesellschaft., and the defendant/counterclaimant, i2 Technologies, Inc., through their designated counsel: 
 1. Pursuant to Fed. R. Civ. P. 41, the above captioned action, including all claims and counterclaims that were asserted or could be asserted in the
action with respect to United States Patent Nos. 6,407,761 , 6,750,766 , and 7,222,369, is hereby DISMISSED WITH PREJUDICE. 
 2. Each party
shall bear its own attorneys’ fees and costs. 
 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 
  

									
	Dated: June     , 2008	 		 	FENWICK & WEST LLP
					
		 		 		 	By:	 	/s/ Michael Sacksteder
		 		 		 		 	Michael Sacksteder
				
		 		 		 	Attorneys for Plaintiff SAP Aktiengesellschaft
			
	Dated: June     , 2008	 		 	
					
		 		 		 	By:	 	/s/ Jason Sonoda
		 		 		 		 	Jason Sonoda
				
		 		 		 	Attorneys for Defendant i2 Technologies, Inc.
			
	PURSUANT TO STIPULATION, IT IS SO ORDERED.	 		 	
			
	Dated:                     , 2008	 		 	
			
		 		 	 
		 		 		 		 	 The Honorable Saundra Brown Armstrong
 United States District Judge
 Northern District of California


  

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 Exhibit C 
 Summary of the Agreement 
 On June 23, 2008, i2 Technologies, Inc., and SAP AG and SAP America, Inc.
(collectively, “SAP”), entered into a Settlement Agreement (the “Agreement”) to settle the existing patent litigation between the companies. Under the terms of the Agreement, each party will license to the other party certain
patents in exchange for a one-time cash payment of              U.S. dollars (US$             ). In addition, each
party has agreed not to pursue legal action against the other party for its actions taken to enforce any of the licensed patents prior to the effective date of the Agreement. The Agreement also provides for general releases, indemnification for its
violation, and dismisses the existing litigations between the parties with prejudice. 
 [The following paragraph is for use solely by SAP in connection
with its annual report and its Form 20-F filing with the SEC] 
 In the event of a change of control transaction, rights granted in the Agreement shall
continue to apply to the Entity surviving the change of control (the “Surviving Entity”) for those products actually distributed or generally available to customers prior to the date such change of control is consummated. If the Surviving
Entity itself has total annual revenues immediately before the change of control equal to or exceeding three billion U.S. dollars (US$3,000,000,000), then the rights shall automatically become limited to cover fifteen percent (15%) annual
growth. If the Surviving Entity itself has total annual revenues immediately before the change of control between one and three billion U.S. dollars (US$1,000,000,000 to US$3,000,000,000), then the rights shall automatically become limited to cover
twenty-five percent (25%) annual growth. 
  

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 Exhibit D 
 Partial Listing of i2’s Issued Patents and Patents Applications 
 as of the Effective Date 

 ISSUED PATENTS 
  

					
	 Status
	  	 Serial No. & Patent No.
	  	 Title of Invention

	 Issued
  
	  	11/319,929	  	    Estimating Base Sales Volume
	 Issued: 3/27/2007
	  	7,197,473	  
	 Expires: 4/9/2021
	  		  
			
	 Issued
  
	  	08/314,073	  	    Software System Utilizing a Filtered Priority Queue and Method of Operation
	 Issued: 5/13/1997
	  	5,630,123	  
	 Expires: 9/28/2014
	  		  
			
	 Issued
  
	  	08/491,167	  	    System and Method for Managing Available to Promise Product (ATP)
	 Issued: 2/13/2001
	  	6,188,989	  
	 Expires: 6/16/2015
	  		  
			
	 Issued
  
	  	08/491,153	  	    Extensible Model Network Representation System for Process Planning
	 Issued: 6/9/1998
	  	5,764,543	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/491,121	  	    Model-Independent and Interactive Report Generation System and Method of Operation
	 Issued: 11/3/1998
	  	5,832,532	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/491,168	  	    Stategy Driven Planning System and Method of Operation
	 Issued: 12/1/1998
	  	5,845,258	  
	 Expires: 6/16/2015
	  		  

  

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	 Issued
  
	  	08/697,261	  	    System and Method for Extended Enterprise Planning Across a Supply Chain
	 Issued: 10/26/1999
	  	5,974,395	  
	 Expires:
	  		  
			
	 Issued
	  	08/802,434	  	    System and Method for Allocating Manufactured Products to Sellers
	  
 Issued: 12/26/2000
	  	6,167,380	  
	 Expires: 2/18/2017
	  		  
			
	 Issued
	  	08/806,222	  	    Software System Utilizing a Filtered Priority Queue and Method of Operation
	  
 Issued: 4/25/2000
	  	6,055,533	  
	 Expires: 2/25/2017
	  		  
			
	 Issued
	  	08/800,717	  	    System for Optimizing a Network Plan and Method of Operation
	  
 Issued: 8/24/1999
	  	5,943,244	  
	 Expires: 2/17/2017
	  		  
			
	 Issued
  
	  	08/805,683	  	    Factory Network Having Planning Coordination Systems for Coordinating Separate Factory Planning Systems and a Method of Operation
	 Issued: 11/9/1999
	  	5,983,194	  
	 Expires: 2/25/2017
	  		  

  

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	 Issued
	  	08/917,151	  	    System and Process for Inter-Domain Planning Analysis and Optimization Using Model Agents as Partial Replicas of Remote Domains
	  
 Issued: 11/30/1999
	  	5,995,945	  
	 Expires: 8/25/2017
	  		  
			
	 Issued
	  	08/918,227	  	    System and Process for Inter-Domain Interaction Across an Inter-Domain Connectivity Plane
	  
 Issued: 8/3/1999
	  	5,931,900	  
	 Expires: 8/25/2017
	  		  
			
	 Issued
	  	08/918,222	  	    System and Process Having a Universal Adapter Framework and Providing a Global User Interface and Global Messaging Bus
	  
 Issued: 4/24/2001
	  	6,222,533	  
	 Expires: 8/25/2017
	  		  
			
	 Issued
	  	09/036,903	  	    Method and Apparatus for Optimizing Constraint Models
	  
 Issued: 2/29/2000
	  	6,031,984	  
	 Expires:
	  		  
			
	 Issued
	  	08/947,544	  	    Framework for Negotiation and Tracking of Sale of Goods
	  
 Issued: 4/25/2000
	  	6,055,519	  
	 Expires: 10/11/2017
	  		  
			
	 Issued
  
	  	09/195,332	  	    Computer-Implemented Product Valuation Tool
	 Issued: 5/20/2008
	  	7,376,578	  
	 Expires: 11/18/2018
	  		  

  

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	 Issued
  
	  	09/057,036	  	    Extensible Model Network Representation System for Process Planning
	 Issued: 7/27/1999
	  	5,930,156	  
	 Expires: 4/8/2018
	  		  
			
	 Issued
  
	  	09/026,752	  	    Computer Implemented Planning System and Process Providing Mechanism for Grouping and Prioritizing Consumer Objects Based on Multiple
Criteria
	 Issued: 4/4/2000
	  	6,047,290	  
	 Expires: 2/20/2018
	  		  
			
	 Issued
  
	  	09/059,223	  	    Model-Independent and Interactive Report Generation Sysem and Method of Operation
	 Issued: 8/10/1999
	  	5,937,155	  
	 Expires: 4/13/2018
	  		  
			
	 Issued
  
	  	09/359,175	  	    Computer-Implemented Value Management Tool for an Asset Intensive Manufacturer
	 Issued: 7/24/2001
	  	6,266,655	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/092,348	  	    System and Process Allowing Collaboration Within and Between Enterprises for Optimal Decision Making
	 Issued: 9/12/2000
	  	6,119,149	  
	 Expires:
	  		  

  

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	 Issued
  
	  	09/371,821	  	    Data Structure and Operations for Time-Varying Variable in an Enterprise Model
	 Issued: 4/16/2002
	  	6,374,249	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/325,937	  	    Computer Implemented Scheduling System and Process Using Abstract Local Search Technique
	 Issued: 9/24/2002
	  	6,456,996	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/322,430	  	    Computer Implemented System and Method for High Level Controlled Searching Through a Problem Space
	 Issued: 5/15/2001
	  	6,233,572	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/374,461	  	    System and Method for Visually Representing a Supply Chain
	 Issued: 6/10/2003
	  	6,577,304	  
	 Expires: 8/13/2019
	  		  
			
	 Issued
  
	  	09/397,423	  	    System and Method for Displaying Planning Information Associated with a Supply Chain
	 Issued: 9/20/2005
	  	6,947,905	  
	 Expires: 9/17/2019
	  		  

  

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	 Issued
	  	09/154,373	  	    Computer-Implemented Product Development Planning Method
	  
 Issued: 5/15/2001
	  	6,233,493	  
	 Expires: 9/16/2018
	  		  
			
	 Issued
  
	  	09/397,473	  	    System and Method for Displaying Logistics Information Associated with a Supply Chain
	 Issued: 11/26/2002
	  	6,486,899	  
	 Expires: 9/17/2019
	  		  
			
	 Issued
	  	09/156,722	  	    Computer Workspace Providing Event Management Based on a Permissibility Framework
	  
 Issued: 9/11/2001
	  	6,289,385	  
	 Expires:
	  		  
			
	 Issued
	  	09/156,265	  	    System and Method for Remotely Accessing Data
	  
 Issued: 12/25/2001
	  	6,334,146	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/156,264	  	    Communication Across One or More Enterprise Boundaries Regarding the Occurrence of a Workflow Event
	 Issued: 5/20/2003
	  	6,567,783	  
	 Expires:
	  		  

  

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	 Issued
	  	09/156,333	  	    Synchronizing One or More Workflows Using One or More Synchronization-Join Activities that Include Synchroization Logic
	  
 Issued: 5/28/2002
	  	6,397,192	  
	 Expires:
	  		  
			
	 Issued
	  	09/156,334	  	    Method and System for Managing Collaboration Within and Between Enterprises
	  
 Issued: 5/2/2006
	  	7,039,597	  
	 Expires: 9/18/2018
	  		  
			
	 Issued
	  	09/156,342	  	    System and Method for Event Notification Through a Firewall
	  
 Issued: 9/11/2001
	  	6,289,384	  
	 Expires: 9/18/2018
	  		  
			
	 Issued
	  	09/154,661	  	    Object-Oriented Workflow for Multi-Enterprise Collaboration
	  
 Issued: 5/28/2002
	  	6,397,191	  
	 Expires:
	  		  
			
	 Issued
	  	09/156,434	  	    Exemplar Workflow Used in the Design and Deployment of a Workflow for Multi-Enterprise Collaboration
	  
 Issued: 8/27/2002
	  	6,442,528	  
	 Expires:
	  		  
			
	 Issued
	  	09/398,170	  	    System and Method for Multi-Enterprise Supply Chain Optimization
	  
 Issued: 8/21/2007
	  	7,260,550	  
	 Expires: 9/17/2019
	  		  

  

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	 Issued
	  	09/398,171	  	    System and Method for Managing ATP Data in a Distributed Supply Chain Planning Environment
	  
 Issued: 11/8/2005
	  	6,963,847	  
	 Expires: 9/17/2019
	  		  
			
	 Issued
	  	09/397,818	  	    Binary Trees for Detecting Inventory Problems in an Enterprise Model
	  
 Issued: 9/13/2005
	  	6,944,598	  
	 Expires: 9/17/2019
	  		  
			
	 Issued
	  	09/408,336	  	    Binary Tree with Override Nodes for Representing a Time-Varying Function in an Enterprise Model
	  
 Issued: 11/20/2001
	  	6,321,230	  
	 Expires:
	  		  
			
	 Issued
	  	09/305,580	  	    Graph-Based Schedule Builder for Tightly Constrained Scheduling Problems
	  
 Issued: 12/3/2002
	  	6,490,566	  
	 Expires: 5/5/2019
	  		  
			
	 Issued
	  	09/241,361	  	    System and Method for Generating Dependent Data
	  
 Issued: 8/27/2002
	  	6,442,554	  
	 Expires: 1/29/2019
	  		  
			
	 Issued
  
	  	09/292,528	  	    System and Method for Optimizing the Allocation of a Resource
	 Issued: 4/16/2002
	  	6,374,227	  
	 Expires:
	  		  

  

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	 Issued
	  	09/282,912	  	    Three-Dimensional Production Schedule Display for Computer-Implemented Production Management System
	  
 Issued: 4/9/2002
	  	6,370,509	  
	 Expires:
	  		  
			
	 Issued
	  	09/292,644	  	    System and Method for Optimizing the Allocation of a Resource
	  
 Issued: 11/20/2001
	  	6,321,207	  
	 Expires:
	  		  
			
	 Issued
	  	09/362,776	  	    Method for Planning Key Component Purchases to Optimize Revenue
	  
 Issued: 11/30/2004
	  	6,826,538	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/411,069	  	    System and Process for Inter-Domain Planning Analysis and Optimization Using Model Agents as Partial Replicas of Remote Domains
	 Issued: 12/18/2001
	  	6,332 ,130	  
	 Expires:
	  		  

  

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	 Issued
	  	09/415,052	  	    System and Method for Performing a Business Process in a Multi-Enterprise, Collaborating Network
	  
 Issued: 8/14/2007
	  	7,257,541	  
	 Expires: 10/8/2019
	  		  
			
	 Issued
	  	09/415,507	  	    Method and System for Optimizing Request-Promise Workflows
	  
 Issued: 5/17/2005
	  	6,895,384	  
	 Expires:
	  		  
			
	 Issued
	  	09/534,915	  	    System and Method for Managing Event Publication and Subscription
	  
 Issued: 3/25/2008
	  	7,349,945	  
	 Expires: 3/23/2020
	  		  
			
	 Issued
	  	09/520,669	  	    System and Method for Collaborative Batch Aggregation and Scheduling
	  
 Issued: 5/6/2003
	  	6,560,501	  
	 Expires:
	  		  
			
	 Issued
	  	09/608,792	  	    Warranty Transaction System and Method
	  
 Issued: 8/23/2005
	  	6,934,686	  
	 Expires: 12/10/2023
	  		  
			
	 Issued
	  	09/494,162	  	    System and Method Providing a Three-Dimensional Display of Values Relative to Comparison Values
	  
 Issued: 10/8/2002
	  	6,462,736	  
	 Expires: 1/25/2020
	  		  

  

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	 Issued
	  	09/504,247	  	    System and Method for Allocating Manufactured Products to Sellers
	  
 Issued: 8/1/2006
	  	7,085,729	  
	 Expires: 2/15/2020
	  		  
			
	 Issued
	  	09/535,905	  	    System and Method for Providing Cross-Dimensional Computation and Data Access in an On-Line Analytical Processing (OLAP) Environment
	  
 Issued: 6/3/2003
	  	6,574,619	  
	 Expires: 3/24/2020
	  		  
			
	 Issued
	  	09/548,466	  	    Method and System for Multi-Enterprise Optimization Using Flexible Trade Contracts
	  
 Issued: 5/13/2008
	  	7,373,323	  
	 Expires: 4/13/2020
	  		  
			
	 Issued
	  	09/580,327	  	    System and Method for Retrieving Data from a Database Using a Data Management System
	  
 Issued: 10/18/2005
	  	6,957,234	  
	 Expires: 5/26/2020
	  		  
			
	 Issued
	  	09/679,464	  	    System and Method for Service Transaction Brokering Among Distributed Marketplaces
	  
 Issued: 7/26/2005
	  	6,922,675	  
	 Expires:
	  		  

  

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	 Issued
  
	  	09/773,685	  	    System and Method for Developing Software Applications Using an Extended XML-Based Framework
	 Issued: 1/18/2005
	  	6,845,499	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/631,367	  	    System and Process Allowing Collaboration Within and Between Enterprises for Optimal Decision Making
	 Issued: 12/18/2001
	  	6,332,155	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/930,673	  	    Network Application Program Interface Facilitating Communication in a Distributed Network Environment
	 Issued: 5/8/2007
	  	7,216,142	  
	 Expires: 12/21/2023
	  		  
			
	 Issued
  
	  	09/771,207	  	    System and Method for Demand Planning Using Sequential Forecasting
	 Issued: 10/3/2006
	  	7,117,164	  	
	 Expires: 8/19/2023
	  		  	

  

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	 Issued
  
	  	09/675,780	  	    System and Method for Transforming Custom Content Generation Tags Associated with Web Pages
	 Issued: 8/8/2006
	  	7,089,330	  
	 Expires: 6/22/2024
	  		  
			
	 Issued
  
	  	09/941,960	  	    Value Chain Management
	 Issued: 3/25/2008
	  	7,349,861	  
	 Expires: 3/20/2025
	  		  
			
	 Issued
  
	  	09/745,979	  	    System and Method for Generating Market Pricing Information for Non-Fungible Items
	 Issued: 5/27/2008
	  	7,379,898	  
	 Expires: 9/29/2024
	  		  
			
	 Issued
  
	  	09/742,851	  	    System and Method for Retrieving Information According to Improved Matching Criteria
	 Issued: 3/16/2004
	  	6,708,174	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/745,374	  	    System and Method for Migrating Data in an Electronic Commerce System
	 Issued: 11/20/2007
	  	7,299,255	  
	 Expires: 9/15/2024
	  		  
			
	 Issued
  
	  	09/745,980	  	    System and Method for Selective Database Indexing
	 Issued: 3/16/2004
	  	6,708,161	  
	 Expires:
	  		  

  

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	 Issued
  
	  	09/925,149	  	    Generating an Order Plan for a Supply Chain Network
	 Issued: 2/13/2007
	  	7,177,827	  
	 Expires: 6/7/2023
	  		  
			
	 Issued
  
	  	09/841,320	  	    Extreme Capacity Management in an Electronic Marketplace Environment
	 Issued: 5/6/2008
	  	7,370,009	  
	 Expires: 5/3/2025
	  		  
			
	 Issued
  
	  	09/842,297	  	    Guided Buying Decision Support in an Electronic Marketplace Environment
	 Issued: 12/27/2005
	  	6,980,966	  
	 Expires: 4/2/2024
	  		  
			
	 Issued
  
	  	09/953,462	  	    Providing Decision Support Based on Past Participant Performance Within an Electronic Marketplace Environment
	 Issued: 11/8/2005
	  	6,963,849	  
	 Expires: 3/12/2024
	  		  
			
	 Issued
  
	  	09/940,764	  	    Generation and Execution of Custom Requests for Quote
	 Issued: 6/10/2008
	  	7,386,475	  
	 Expires: 6/20/2025
	  		  
			
	 Issued
  
	  	09/972,383	  	    Fulfillment Management System for Managing ATP Data in a Distributed Supply Chain Environment
	 Issued: 7/24/2007
	  	7,249,044	  
	 Expires: 7/16/2024
	  		  
			
	 Issued
  
	  	10/033,103	  	    Redistribution of Parts in a Disbribution Network
	 Issued: 5/1/2007
	  	7,210,624	  
	 Expires: 4/22/2024
	  		  

  

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	 Issued
  
	  	10/032,971	  	    Optimized Deployment of Parts in a Distribution Network
	 Issued: 2/26/2008
	  	7,337,031	  
	 Expires: 4/29/2025
	  		  
			
	 Issued
  
	  	09/832,576	  	    System and Method for Lean Inventory Management
	 Issued: 8/8/2006
	  	7,089,196	  
	 Expires: 11/7/2023
	  		  
			
	 Issued
  
	  	09/825,083	  	    System and Method for Allocating Data in a Hierarchical Organization of Data
	 Issued: 1/17/2006
	  	6,988,104	  
	 Expires: 1/18/2023
	  		  
			
	 Issued
  
	  	09/755,751	  	    System and Method for Remotely Monitoring and Managing Applications Across Multiple Domains
	 Issued: 6/13/2006
	  	7,062,540	  
	 Expires: 2/20/2024
	  		  
			
	 Issued
  
	  	09/834,836	  	    Synchronization of Planning Information in a High Availability Planning and Scheduling Architecture
	 Issued: 5/9/2006
	  	7,043,444	  
	 Expires: 4/13/2024
	  		  
			
	 Issued
  
	  	09/829,476	  	    Estimating Base Sales Volume Using a Low-Pass Filter Approach
	 Issued: 4/11/2006
	  	7,028,000	  
	 Expires: 12/24/2023
	  		  
			
	 Issued
  
	  	09/834,802	  	    Local and Remote Client-Server Interface Transparency in Distributed Software Systems
	 Issued: 6/13/2006
	  	7,062,542	  
	 Expires: 5/7/2024
	  		  

  

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	 Issued
  
	  	09/895,528	  	    System and Method for Campaign Planning
	 Issued: 5/6/2003
	  	6,560,502	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/858,322	  	    Pre-Qualifying Sellers During the Matching Phase of an Electronic Commerce Transaction
	 Issued: 3/25/2008
	  	7,349,868	  
	 Expires: 2/23/2024
	  		  
			
	 Issued
  
	  	09/892,300	  	    Providing Market Feedback Associated with Electronic Commerce Transactions to Sellers
	 Issued: 2/12/2008
	  	7,330,829	  
	 Expires: 2/14/2024
	  		  
			
	 Issued
  
	  	09/858,269	  	    Facilitating Electronic Commerce Transactions Using Buyer Profiles
	 Issued: 1/3/2006
	  	6,983,276	  
	 Expires: 4/12/2024
	  		  
			
	 Issued
  
	  	09/884,393	  	    Distributed Processing of Search Results in an Electronic Commerce System
	 Issued: 10/24/2006
	  	7,127,416	  
	 Expires: 10/19/2023
	  		  
			
	 Issued
  
	  	09/895,489	  	    Protecting Content from Unauthorized Reproduction
	 Issued: 3/18/2008
	  	7,346,560	  
	 Expires: 3/10/2025
	  		  
			
	 Issued
  
	  	09/895,894	  	    Protecting Content from Unauthorized Reproduction
	 Issued: 1/9/2007
	  	7,162,453	  
	 Expires: 3/5/2024
	  		  
			
	 Issued
  
	  	09/884,007	  	    Content Enhancement in an Electronic Marketplace
	 Issued: 8/28/2007
	  	7,263,515	  
	 Expires: 8/27/2024
	  		  

  

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	 Issued
  
	  	09/844,847	  	    Optimization Using a Multi-Dimensional Data Model
	 Issued: 4/18/2006
	  	7,031,955	  
	 Expires: 3/20/2024
	  		  
			
	 Issued
  
	  	09/835,003	  	    High Availability Planning and Scheduling Architecture
	 Issued: 4/4/2006
	  	7,024,371	  
	 Expires: 12/5/2023
	  		  
			
	 Issued
  
	  	09/949,378	  	    Intelligent Order Promising
	 Issued: 6/20/2006
	  	7,065,499	  
	 Expires: 2/26/2024
	  		  
			
	 Issued
  
	  	09/895,487	  	    Demand Breakout For a Supply Chain
	 Issued: 7/24/2007
	  	7,248,937	  
	 Expires: 7/5/2024
	  		  
			
	 Issued
  
	  	09/944,908	  	    Conflict Detection and Resolution in Association with Data Allocation
	 Issued: 3/29/2005
	  	6,873,994	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/976,791	  	    Sourcing of Bills of Materials
	 Issued: 5/23/2006
	  	7,050,874	  
	 Expires: 1/25/2024
	  		  
			
	 Issued
  
	  	10/001,506	  	    Third Party Document Storage and Reuse
	 Issued: 12/12/2006
	  	7,149,744	  
	 Expires: 3/9/2024
	  		  
			
	 Issued
  
	  	09/999,524	  	    Document Storage and Classification
	 Issued: 5/30/2006
	  	7,054,841	  
	 Expires: 6/26/2023
	  		  
			
	 Issued
  
	  	10/164,516	  	    Software Deployment System and Method
	 Issued: 7/4/2006
	  	7,073,164	  
	 Expires: 7/5/2024
	  		  
			
	 Issued
  
	  	10/175,562	  	    Matching and Cleansing of Part Data
	 Issued: 10/24/2006
	  	7,127,458	  
	 Expires: 11/1/2023
	  		  
			
	 Issued
  
	  	10/037,695	  	    Dynamic Load Balancing Using Semantic Traffic Monitoring
	 Issued: 8/17/2004
	  	6,778,991	  
	 Expires:
	  		  

  

 Page 18 
 Settlement Agreement 









					
			
	 Issued
  
	  	10/032,945	  	    Dynamic Database Redirection Using Semantic Taxonomy Information
	 Issued: 5/29/2007
	  	7,225,146	  
	 Expires: 7/1/2024
	  		  
			
	 Issued
  
	  	10/086,761	  	    Automatically Generating Graphical User Interface Elements at a Client System According to a Current Configuration Model
	 Issued: 12/6/2005
	  	6,973,626	  
	 Expires: 4/11/2024
	  		  
			
	 Issued
  
	  	10/086,757	  	    Using Connectors to Automatically Update Graphical User Interface Elements at a Client System According to an Updated State of a
Configuration
	 Issued: 1/3/2006
	  	6,983,421	  
	 Expires: 4/4/2024
	  		  
			
	 Issued
  
	  	09/800,169	  	    Messaging System for Computers
	 Issued: 7/19/2005
	  	6,920,476	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/800,168	  	    Computer Security System
	 Issued: 3/14/2006
	  	7,013,485	  
	 Expires: 1/10/2024
	  		  
			
	 Issued
  
	  	09/686,470	  	    Distributed Session Services
	 Issued: 9/20/2005
	  	6,947,982	  
	 Expires: 3/10/2024
	  		  
			
	 Issued
  
	  	09/686,446	  	    Rules-Based Notification System
	 Issued: 10/7/2003
	  	6,631,363	  
	 Expires:
	  		  

  

 Page 19 
 Settlement Agreement 









					
			
	 Issued
  
	  	09/686,447	  	    System and Method for Handling a Unit of Work
	 Issued: 8/1/2006
	  	7,086,062	  
	 Expires: 8/2/2023
	  		  
			
	 Issued
  
	  	09/686,442	  	    Customizable User Window
	 Issued: 2/15/2005
	  	6,857,017	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/686,731	  	    Workflow Encapsulation in Stateless Environments
	 Issued: 3/29/2005
	  	6,874,008	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/652,520	  	    Configurable Space-Time Performance Trade-Off in Multidimensional Data Base Systems
	 Issued: 1/4/2005
	  	6,839,711	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/684,075	  	    Integrated System for Constraint-Based Portfolio and Pipeline Optimization
	 Issued: 10/31/2006
	  	7,130,809	  
	 Expires: 5/3/2024
	  		  
			
	 Issued
  
	  	09/684,076	  	    System for Scheduling and Product Planning
	 Issued: 11/21/2006
	  	7,139,719	  
	 Expires: 1/16/2024
	  		  
			
	 Issued
  
	  	09/333,894	  	    System and Method for Promising Delivery of Configured Products with Selected Optimizations
	 Issued: 5/2/2006
	  	7,039,602	  
	 Expires: 6/14/2019
	  		  
			
	 Issued
  
	  	09/594,652	  	    Product Substitution Search Algorithm
	 Issued: 10/3/2006
	  	7,117,163	  
	 Expires: 7/30/2023
	  		  

  

 Page 20 
 Settlement Agreement 









					
			
	 Issued
  
	  	09/653,107	  	    Multidimensional Database System with Intermediate Lockable Intersections
	 Issued: 12/2/2003
	  	6,658,413	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/551,899	  	    Method and Apparatus for Supporting Multiple Alternative Graphical User Interfaces in Computer-Moderated Electronic Commerce
	 Issued: 2/21/2006
	  	7,003,729	  
	 Expires: 4/19/2020
	  		  
			
	 Issued
  
	  	09/592,775	  	    Electronic Marketplace Communication System
	 Issued: 10/2/2007
	  	7,277,863	  
	 Expires: 2/10/2024
	  		  
			
	 Issued
  
	  	10/121,241	  	    Computer-Implemented Automatic Classification of Product Description Information
	 Issued: 8/15/2006
	  	7,093,233	  
	 Expires: 8/7/2024
	  		  
			
	 Issued
  
	  	10/008,733	  	    Consolidation of Multiple Source Content Schemas in to a Single Target Content Schema
	 Issued: 8/31/2004
	  	6,785,689	  
	 Expires:
	  		  

  

 Page 21 
 Settlement Agreement 









					
			
	 Issued
  
	  	10/072,399	  	    Sorted-Paged Retrieval of Hierachical Data from Relational Databases
	 Issued: 5/24/2005
	  	6,898,593	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/962,663	  	    Routing Shipments According to Criticality
	 Issued: 12/27/2005
	  	6,980,885	  
	 Expires: 7/20/2023
	  		  
			
	 Issued
  
	  	09/998,459	  	    Mapping Between Part Numbers that are Based on Different Part Numbering Schemes
	 Issued: 1/17/2006
	  	6,988,111	  
	 Expires: 11/20/2023
	  		  
			
	 Issued
  
	  	10/008,898	  	    Computer-Implemented PDF Document Management
	 Issued: 5/17/2005
	  	6,895,550	  
	 Expires:
	  		  
			
	 Issued
  
	  	09/409,069	  	    Multi-Dimensional Data Management System
	 Issued: 4/2/2002
	  	6,366,922	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/951,714	  	    Modeling of Object-Oriented Database Structures, Translation to Relational Database Structures, and Dynamic Searches Thereon
	 Issued: 4/16/2002
	  	6,374,252	  
	 Expires: 10/16/2017
	  		  
			
	 Issued
  
	  	08/747,164	  	    Search Engine for Remote Access to Database Management Systems
	 Issued: 1/2/2001
	  	6,169,992	  
	 Expires:
	  		  

  

 Page 22 
 Settlement Agreement 









					
			
	 Issued
  
	  	08/527,161	  	    Method and Apparatus for Concurrency in an Object Oriented Database Using Lock Inhereitance Based on Class Objects
	 Issued: 4/21/1998
	  	5,742,813	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/339,481	  	    Object Oriented Database Management System
	 Issued: 11/17/1998
	  	5,838,965	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/745,255	  	    Dynamically Selectable Language Display System for Object Oriented Database Management System
	 Issued: 7/7/1998
	  	5,778,356	  
	 Expires:
	  		  
			
	 Issued
  
	  	08/526,555	  	    Method and System for Comparing Attributes in an Object-Oriented Management System
	 Issued: 11/10/1998
	  	5,835,910	  
	 Expires:
	  		  
			
	 Issued
  
	  	10/059,645	  	    Filtered Peer-to-Peer Business Communication in a Distributed Computer Environment
	 Issued: 6/10/2008
	  	7,386,459	  
	 Expires: 5/29/2025
	  		  

  

 Page 23 
 Settlement Agreement 









					
			
	 Issued
  
	  	09/998,363	  	    Distributed Automated Software Graphical User Interface (GUI) Testing
	 Issued: 5/30/2006
	  	7,055,137	  
	 Expires: 9/9/2023
	  		  
			
	 Issued
  
	  	09/992,283	  	    Generating a Risk Assessment Regarding a Software Implementation Project
	 Issued: 4/15/2008
	  	7,359,865	  
	 Expires: 4/15/2025
	  		  
			
	 Issued
  
	  	10/028,480	  	    Graphical Design and Automatic Generation of Supply Chain collaboration Services Capable of Understanding Supply Chain Semantics
	 Issued: 5/2/2006
	  	7,039,562	  
	 Expires: 5/1/2024
	  		  
			
	 Issued
  
	  	10/035,712	  	    Reproducible Selection of Members in a Hierarchy
	 Issued: 1/29/2008
	  	7,324,983	  
	 Expires: 12/29/2024
	  		  
			
	 Issued
  
	  	10/103,342	  	    Generating a Sales Volume Forecast
	 Issued: 1/29/2008
	  	7,324,955	  
	 Expires: 4/15/2025
	  		  
			
	 Issued
  
	  	10/090,342	  	    Generating an Optimized Supplier Allocation Plan
	 Issued: 3/11/2008
	  	7,343,311	  
	 Expires: 3/11/2025
	  		  
			
	 Issued
  
	  	10/119,990	  	    Intelligent Fulfillment Agents
	 Issued: 5/20/2008
	  	7,376,600	  
	 Expires: 5/17/2024
	  		  
			
	 Issued
  
	  	10/308,333	  	    Operationalizing a Goal
	 Issued: 6/3/2008
	  	7,383,240	  
	 Expires: 9/3/2025
	  		  
			
	 Issued
  
	  	10/279,182	  	    Calculating Price Elasticity
	 Issued: 3/11/2008
	  	7,343,355	  
	 Expires: 9/17/2025
	  		  

  

 Page 24 
 Settlement Agreement 









					
			
	 Issued
  
	  	10/139,102	  	    Forecasting a Last Time Buy Quantity for a Service Part Using a Low-Pass Filter Approach
	 Issued: 7/31/2007
	  	7,251,614	  
	 Expires: 8/12/2025
	  		  
			
	 Issued
  
	  	10/163,782	  	    System and Method for Configuring Software Using a Business Modeling Tool
	 Issued: 5/1/2007
	  	7,213,232	  
	 Expires: 4/30/2024
	  		  
			
	 Issued
  
	  	10/223,925	  	    Push Planning for Unserviceable Parts to Facilitate Repair Planning in a Repair Network
	 Issued: 10/2/2007
	  	7,277,862	  
	 Expires: 4/6/2026
	  		  
			
	 Issued
  
	  	10/274,761	  	    Automatically Identifying a Program Error in a Computer Program
	 Issued: 5/2/2006
	  	7,039,833	  
	 Expires: 5/7/2024
	  		  
			
	 Issued
  
	  	10/393,793	  	    Collaboratively Solving an Optimization Problem Using First and Second Optimization Software Each Having at Least Partial Information Concerning the
O
	 Issued: 5/4/2004
	  	6,731,998	  
	 Expires:
	  		  

  

 Page 25 
 Settlement Agreement 









					
			
	 Issued
  
	  	10/755,437	  	    Master Data Management System for Centrally Managing Cached Data Representing Core Enterprise Reference Data Maintained as Locked in True State Read Only
Access Until Completion of Manipulation Process
	 Issued: 5/1/2007
	  	7,213,037	  
	 Expires: 5/29/2025
	  		  
			
	 Issued
  
	  	10/414,892	  	    Generating a Sampling Plan for Testing Generated Content
	 Issued: 3/15/2005
	  	6,868,299	  
	 Expires:
	  		  
			
	 Issued
  
	  	10/840,928	  	    Data Management System Providing a Data Thesaurus for Mapping Between Multiple Data Schemas or Between Multiple Domains within a Data Schema
	 Issued: 12/18/2007
	  	7,310,646	  
	 Expires: 5/29/2025
	  		  

  

 Page 26 
 Settlement Agreement 









					
			
	 Issued
  
	  	10/704,080	  	    Collaborative Batch Aggregation and Scheduling in a Manufacturing Environment
	 Issued: 12/28/2004
	  	6,836,689	  
	 Expires:
	  		  
			
	 Issued
  
	  	10/940,851	  	    Optimization Using a Multi-Dimensional Data Model
	 Issued: 9/4/2007
	  	7,266,549	  
	 Expires: 8/6/2025
	  		  
			
	 Issued
  
	  	09/550,407	  	    Building Business Objects and Business Software Applications Using Dynamic Object Definitions of Ingrediential Objects
	 Issued: 9/7/2004
	  	6,789,252	  
	 Expires:
	  		  
			
	 Issued
  
	  	11/024,299	  	    Collaborative Batch Aggregation and Scheduling in a Manufacturing Environment
	 Issued: 4/4/2006
	  	7,024,265	  
	 Expires: 12/28/2024
	  		  
			
	 Issued
  
	  	09/162,221	  	    Enterprise Interaction Hub for Managing an Enterprise Web System
	 Issued: 7/4/2000
	  	6,085,220	  
	 Expires: 9/28/2018
	  		  

  

 Page 27 
 Settlement Agreement 









					
			
	 Issued
  
	  	09/036,010	  	    System and Method for Maintaining a State for a User Session Using a Web System Having a Global Session Server
	 Issued: 6/13/2000
	  	6,076,108	  
	 Expires: 3/6/2018
	  		  
			
	 Issued
  
	  	09/603,759	  	    Enterprise Interaction Hub for Managing an Enterprise Web System
	 Issued: 3/19/2002
	  	6,360,249	  
	 Expires: 7/28/2020
	  		  
			
	 Issued
  
	  	09/593,294	  	    System and Method for Maintaining a State for a User Session Using a Web System
	 Issued: 11/12/2002
	  	6,480,894	  
	 Expires: 5/30/2021
	  		  

 PENDING APPLICATIONS 
  

					
	 Status
	  	 Serial No.
	  	 Title of Invention

	 Pending
  
	  	90/008,630	  	    Extensible Model Network Representation System for Process Planning
	 Filed on 5/10/2007
	  		  
			
	 Pending
  
	  	90/008,639	  	    Framework for Negotiation and Tracking of Sale of Goods
	 Filed on 5/16/2007
	  		  

  

 Page 28 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/875,548	  	    Computer-Implemented Product Valuation Tool
	 Filed on 10/19/2007
	  		  
			
	 Pending
  
	  	11/524,153	  	    Computer-Implemented Product Valuation Tool
	 Filed on 9/20/2006
	  		  
			
	 Pending
  
	  	90/008,645	  	    Extensible Model Network Representation System for Process Planning
	 Filed on 5/10/2007
	  		  
			
	 Pending
  
	  	11/634,056	  	    System and Method for Multi-Enterprise Supply Chain Optimization
	 Filed on 12/5/2006
	  		  
			
	 Pending
  
	  	11/875,270	  	    Binary Trees for Detecting Inventory Problems in an Enterprise Model
	 Filed on 10/19/2007
	  		  	
			
	 Pending
  
	  	11/174,931	  	    Binary Trees for Detecting Inventory Problems in an Enterprise Model
	 Filed on 7/5/2005
	  		  

  

 Page 29 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/773,901	  	    System and Method for Performing a Business Process in a Multi-Enterprise, Collaborating Network
	 Filed on 7/5/2007
	  		  
			
	 Pending
  
	  	90/008,680	  	    System and Method for Allocating Manufactured Products to Sellers
	 Filed on 6/1/2007
	  		  
			
	 Pending
  
	  	11/876,364	  	    Method and System for Multi-Enterprise Optimization Using Flexible Trade Contracts
	 Filed on 10/22/2007
	  		  
			
	 Pending
  
	  	11/691,957	  	    Method and System for Multi-Enterprise Optimization Using Flexible Trade Contracts
	 Filed on 3/27/2007
	  		  
			
	 Pending
  
	  	11/691,973	  	    Method and System for Multi-Enterprise Optimization Using Flexible Trade Contracts
	 Filed on 3/27/2007
	  		  

  

 Page 30 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/109,346	  	    Application-Driven Scheduling System and Method
	 Filed on 4/19/2005
	  		  
			
	 Pending
  
	  	11/931,717	  	    Value Chain Management
	 Filed on 10/31/2007
	  		  
			
	 Pending
  
	  	11/779,126	  	    Value Chain Management
	 Filed on 7/17/2007
	  		  
			
	 Pending
  
	  	11/876,120	  	    System and Method for Generating Market Pricing Information for Non-Fungible Items
	 Filed on 10/22/2007
	  		  
			
	 Pending
  
	  	11/099,859	  	    System and Method for Identifying a Product
	 Filed on 4/6/2005
	  		  
			
	 Pending
  
	  	11/384,640	  	    Generating an Optimized Price Schedule for a Product
	 Filed on 3/20/2006
	  		  
			
	 Pending
  
	  	11/875,209	  	    Generating an Optimized Price Schedule for a Product
	 Filed on 10/19/2007
	  		  

  

 Page 31 
 Settlement Agreement 









					
			
	 Pending
  
	  	12/115,016	  	    Generating an Optimized Price Schedule for a Product
	 Filed on 5/5/2008
	  		  
			
	 Pending
  
	  	11/120,588	  	    Workflow Modeling Using an Acyclic Directed Graph Data Structure
	 Filed on 5/3/2005
	  		  
			
	 Pending
  
	  	11/875,159	  	    Generating an Order Plan for a Supply Chain Network
	 Filed on 10/19/2007
	  		  
			
	 Pending
  
	  	11/545,308	  	    Generating an Order Plan for a Supply Chain Network
	 Filed on 10/10/2006
	  		  
			
	 Pending
  
	  	11/751,348	  	    Extreme Capacity Management in an Electronic Marketplace Environment
	 Filed on 5/21/2007
	  		  
			
	 Pending
  
	  	11/604,500	  	    Generation and Execution of Custom Requests for Quote
	 Filed on 11/27/2006
	  		  
			
	 Pending
  
	  	11/875,115	  	    Redistribution of Parts in a Distribution Network
	 Filed on 10/19/2007
	  		  

  

 Page 32 
 Settlement Agreement 









					
			
	 Pending
  
	  	12/031,975	  	    Optimized Deployment of Parts in a Supply Chain Network
	 Filed on 2/15/2008
	  		  
			
	 Pending
  
	  	11/696,297	  	    Redistribution of Parts in a Disbribution Network
	 Filed on 4/4/2007
	  		  
			
	 Pending
  
	  	11/876,210	  	    Optimized Deployment of Parts in a Distribution Network
	 Filed on 10/22/2007
	  		  
			
	 Pending
  
	  	11/767,699	  	    Optimized Deployment of Parts in a Distribution Network
	 Filed on 6/25/2007
	  		  
			
	 Pending
  
	  	11/872,940	  	    Pre-Qualifying Sellers During the Matching Phase of an Electronic Commerce Transaction
	 Filed on 10/16/2007
	  		  
			
	 Pending
  
	  	11/877,825	  	    Providing Market Feedback Associated with Electronic Commerce Transactions to Sellers
	 Filed on 10/24/2007
	  		  
			
	 Pending
  
	  	11/928,646	  	    Content Enhancement for Analyzing Data in a Database
	 Filed on 10/30/2007
	  		  

  

 Page 33 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/834,152	  	    Content Enhancement for Analyzing Data in a Database
	 Filed on 8/6/2007
	  		  
			
	 Pending
  
	  	11/105,109	  	    Providing Visualization of Market Offers Using a Multi-Dimensional Display Including Geometrically Shaped Icons
	 Filed on 4/13/2005
	  		  
			
	 Pending
  
	  	11/358,149	  	    System and Method for Tracking Web Campaign Effectiveness
	 Filed on 2/21/2006
	  		  
			
	 Pending
  
	  	11/941,493	  	    Customized State Machine and State Aggregation Technique for Processing Collaborative and Transactional Business Objects
	 Filed on 11/16/2007
	  		  

  

 Page 34 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/876,483	  	    Filtered Peer-to-Peer Business Communication in a Distributed Computer Environment
	 Filed on 10/22/2007
	  		  
			
	 Pending
  
	  	11/697,816	  	    Facilitating the Negotiation of Standards for Inter-Enterprise Collaboration Between Trading Partners
	 Filed on 4/9/2007
	  		  
			
	 Pending
  
	  	11/877,252	  	    Reproducible Selection of Members in a Hierarchy
	 Filed on 10/23/2007
	  		  
			
	 Pending
  
	  	11/876,984	  	    Generating a Sales Volume Forecast
	 Filed on 10/23/2007
	  		  
			
	 Pending
  
	  	11/876,941	  	    Generating an Optimized Supplier Allocation Plan
	 Filed on 10/23/2007
	  		  
			
	 Pending
  
	  	11/877,087	  	    Intelligent Fulfillment Agents
	 Filed on 10/23/2007
	  		  
			
	 Pending
  
	  	11/185,169	  	    Intelligent Fulfillment Agents
	 Filed on 7/20/2005
	  		  

  

 Page 35 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/876,089	  	    Calculating Price Elasticity
	 Filed on 10/22/2007
	  		  
			
	 Pending
  
	  	11/927,312	  	    Master Data Management System for Centrally Managing Core Reference Data Associated with an Enterprise
	 Filed on 10/29/2007
	  		  
			
	 Pending
  
	  	11/697,966	  	    Master Data Management System for Centrally Managing Core Reference Data Associated with an Enterprise
	 Filed on 4/9/2007
	  		  
			
	 Pending
  
	  	11/927,269	  	    Master Data Management System for Centrally Managing Core Reference Data Associated with an Enterprise
	 Filed on 10/29/2007
	  		  

  

 Page 36 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/877,857	  	    Data Management System Providing a Data Thesaurus for Mapping Between Multiple Data Schemas or Between Multiple Domains within a Data Schema
	 Filed on 10/24/2007
	  		  
			
	 Pending
  
	  	11/875,403	  	    Demand Breakout for a Supply Chain
	 Filed on 10/19/2007
	  		  
			
	 Pending
  
	  	11/927,209	  	    Enterprise Solution Framework Incorporating a Master Data Management System for Centrally Managing Core Reference Data Associated with an
Enterprise
	 Filed on 10/29/2007
	  		  
			
	 Pending
  
	  	11/760,229	  	    Optimization Using a Multi-Dimensional Data Model
	 Filed on 6/8/2007
	  		  

  

 Page 37 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/639,491	  	    Computer-Implemented Monitoring and Management of Business Processes and Associated Resources
	 Filed on 8/15/2000
	  		  
			
	 Pending
  
	  	09/510,607	  	    System and Method for Managing ATP
	 Filed on 2/22/2000
	  		  
			
	 Pending
  
	  	09/528,457	  	    System and Method for Multi-Party Constrained Optimization
	 Filed on 3/17/2000
	  		  
			
	 Pending
  
	  	09/791,481	  	    Electronic Marketplace Providing Service Parts Inventory Planning and Management
	 Filed on 2/22/2001
	  		  
			
	 Pending
  
	  	09/686,711	  	    System and Method for Providing Electronic Financial Transaction Services
	 Filed on 10/10/2000
	  		  

  

 Page 38 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/776,130	  	    System and Method for Brokering Food Order Transactions Among a Plurality of Unaffiliated Sellers
	 Filed on 2/2/2001
	  		  
			
	 Pending
  
	  	09/675,415	  	    System and Method for Rendering Content According to Availability Data for One or More Items
	 Filed on 9/29/2000
	  		  
			
	 Pending
  
	  	09/956,439	  	    Generating an Ordering of Workflow Items Given a Partial Ordering and Extension Data
	 Filed on 9/18/2001
	  		  
			
	 Pending
  
	  	09/750,617	  	    System and Method for Negotiating According to Improved Matching Criteria
	 Filed on 12/20/2000
	  		  

  

 Page 39 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/745,978	  	    System and Method for Facilitating Electronic Commerce Transactions
	 Filed on 12/22/2000
	  		  
			
	 Pending
  
	  	09/896,388	  	    Generating an Optimized Price Schedule for a Product
	 Filed on 6/28/2001
	  		  
			
	 Pending
  
	  	09/972,127	  	    Collaborative Fulfillment in a Distributed Supply Chain Environment
	 Filed on 10/4/2001
	  		  
			
	 Pending
  
	  	09/895,654	  	    Translation Between Product Classification Schemas
	 Filed on 6/28/2001
	  		  
			
	 Pending
  
	  	09/895,525	  	    Association of Data with a Product Classification Schema
	 Filed on 6/28/2001
	  		  
			
	 Pending
  
	  	09/859,266	  	    Facilitating Electronic Commerce Transactions Using a Shared Product Data Repository
	 Filed on 5/16/2001
	  		  

  

 Page 40 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/944,735	  	    Information Exchange in an Electronic Trading Network
	 Filed on 8/31/2001
	  		  
			
	 Pending
  
	  	10/108,939	  	    Determining a Combined Price Adjustment Applicable to a Base Price of an Item in a Purchase
	 Filed on 3/27/2002
	  		  
			
	 Pending
  
	  	10/011,572	  	    Planning and Scheduling of Maintenance, Repair, and Overhaul Services
	 Filed on 11/12/2001
	  		  
			
	 Pending
  
	  	09/957,831	  	    Baseline Cost Savings Analysis
	 Filed on 9/21/2001
	  		  
			
	 Pending
  
	  	10/004,725	  	    Generating a Supply Chain Plan
	 Filed on 12/4/2001
	  		  
			
	 Pending
  
	  	10/120,571	  	    Distributed Inventory Management
	 Filed on 4/10/2002
	  		  
			
	 Pending
  
	  	10/051,826	  	    Technique for Electronic Commerce Communications
	 Filed on 1/16/2002
	  		  
			
	 Pending
  
	  	09/970,052	  	    Displaying Market Data
	 Filed on 10/3/2001
	  		  

  

 Page 41 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/428,991	  	    Displaying Values Specified in a Number of Offers for a Number of Offer Variables with Respect to Price
	 Filed on 5/1/2003
	  		  
			
	 Pending
  
	  	09/970,371	  	    Providing Visualization of Market Offers Using Patterns of Geometric Display Elements
	 Filed on 10/2/2001
	  		  
			
	 Pending
  
	  	09/976,750	  	    Displaying Strikes Between Bids and Asks in a Market Over Time Using Polygons
	 Filed on 10/12/2001
	  		  
			
	 Pending
  
	  	09/945,297	  	    Locally Generating Price Quotes Using One or More Pricing Tools Received From a Seller
	 Filed on 8/31/2001
	  		  
			
	 Pending
  
	  	10/378,802	  	    Sourcing Under Quantity Pricing Rules
	 Filed on 3/3/2003
	  		  
			
	 Pending
  
	  	09/970,256	  	    Facilitating Order Entry
	 Filed on 10/3/2001
	  		  

  

 Page 42 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/978,926	  	    Providing Decision Support Through Visualization of Participant Past Performance in an Electronic Commerce Environment
	 Filed on 10/16/2001
	  		  
			
	 Pending
  
	  	10/002,433	  	    Order Acceleration Through User Document Storage Reuse
	 Filed on 10/23/2001
	  		  
			
	 Pending
  
	  	09/685,517	  	    System and Method for Pricing Products
	 Filed on 10/9/2000
	  		  
			
	 Pending
  
	  	09/963,960	  	    Large-Scale Supply Chain Planning System and Method
	 Filed on 9/25/2001
	  		  
			
	 Pending
  
	  	10/032,903	  	    Generating, Updating, and Managing Multi-Taxonomy Environments
	 Filed on 10/19/2001
	  		  
			
	 Pending
  
	  	09/945,296	  	    Dynamic Pricing in an Unbalanced Market
	 Filed on 8/31/2001
	  		  

  

 Page 43 
 Settlement Agreement 









					
			
	 Pending
  
	  	09/820,370	  	    System and Method for Matching Buyers and Sellers in a Marketplace
	 Filed on 3/11/2001
	  		  
			
	 Pending
  
	  	09/688,032	  	    System for Planning New Product Release
	 Filed on 10/8/2000
	  		  
			
	 Pending
  
	  	09/684,074	  	    Consumer Purchasing System
	 Filed on 10/8/2000
	  		  
			
	 Pending
  
	  	09/680,603	  	    System and Method for Displaying Graphs
	 Filed on 10/8/2000
	  		  
			
	 Pending
  
	  	10/103,384	  	    Demand Planning Using Exchange Balances
	 Filed on 3/19/2002
	  		  
			
	 Pending
  
	  	09/971,718	  	    Facilitating the Negotiation of Standards for Inter-Enterprise Collaboration Between Trading Partners
	 Filed on 10/4/2001
	  		  
			
	 Pending
  
	  	10/175,488	  	    Continuous Production Planning Using a Transition Matrix
	 Filed on 6/19/2002
	  		  

  

 Page 44 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/080,368	  	    Facilitating Business Transactions Between Trading Networks
	 Filed on 2/21/2002
	  		  
			
	 Pending
  
	  	10/315,282	  	    Generating an Optimized Pricing Plan
	 Filed on 12/9/2002
	  		  
			
	 Pending
  
	  	10/165,640	  	    Managing Plan Problems Across Planning Cycles
	 Filed on 6/7/2002
	  		  
			
	 Pending
  
	  	10/672,537	  	    Distributing Consumer Demand Upstream in a Supply Chain
	 Filed on 9/26/2003
	  		  
			
	 Pending
  
	  	10/103,383	  	    Third Party Certification of Content in Electronic Commerce Transactions
	 Filed on 3/19/2002
	  		  
			
	 Pending
  
	  	10/164,448	  	    Software Valuation Simulation Tool
	 Filed on 6/6/2002
	  		  
			
	 Pending
  
	  	10/223,845	  	    On-Demand Repair Planning
	 Filed on 8/19/2002
	  		  

  

 Page 45 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/224,240	  	    Pull Planning for Serviceable Parts to Facilitate On-Demand Repair Planning
	 Filed on 8/19/2002
	  		  
			
	 Pending
  
	  	10/691,320	  	    Pull Planning for Unserviceable Parts in Connection with On-Demand Repair Planning
	 Filed on 10/22/2003
	  		  
			
	 Pending
  
	  	10/847,422	  	    Master Data Management System for Centrally Managing Core Reference Data Associated with an Enterprise
	 Filed on 5/17/2004
	  		  
			
	 Pending
  
	  	10/847,037	  	    Master Data Management System for Centrally Managing Core Reference Data Associated with an Enterprise
	 Filed on 5/17/2004
	  		  

  

 Page 46 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/611,560	  	    Data Integration System with Programmatic Source and Target Interfaces
	 Filed on 6/30/2003
	  		  
			
	 Pending
  
	  	10/611,276	  	    Data Integration System with Programmatic Source and Target Interfaces
	 Filed on 6/30/2003
	  		  
			
	 Pending
  
	  	10/611,779	  	    Data Integration System with Programmatic Source and Target Interfaces
	 Filed on 6/30/2003
	  		  
			
	 Pending
  
	  	10/841,003	  	    System Providing for Inventory Optimization in Association with a Centrally Managed Master Repository for Core Reference Data Associated with an
Enter
	 Filed on 5/7/2004
	  		  
			
	 Pending
  
	  	10/836,002	  	    Estimating Demand For a Supply Chain According to Order Lead Time
	 Filed on 4/29/2004
	  		  

  

 Page 47 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/836,041	  	    Determining a Policy Parameter for an Entity of a Supply Chain
	 Filed on 4/29/2004
	  		  
			
	 Pending
  
	  	10/836,448	  	    Determining an Inventory Target for a Node of a Supply Chain
	 Filed on 4/29/2004
	  		  
			
	 Pending
  
	  	10/836,135	  	    Optimizing an Inventory of a Supply Chain
	 Filed on 4/29/2004
	  		  
			
	 Pending
  
	  	10/836,042	  	    Determining Order Lead Time for a Supply Chain Using a Probability Distribution for Expected Order Lead Time
	 Filed on 4/29/2004
	  		  
			
	 Pending
  
	  	10/739,979	  	    System, Method, and Software for Multi-Party Constrained Optimization
	 Filed on 12/17/2003
	  		  
			
	 Pending
  
	  	10/894,248	  	    Optimizing Inventory in Accordance with a Constrained Network
	 Filed on 7/19/2004
	  		  

  

 Page 48 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/846,104	  	    Incorporating a Repair Vendor Into Repair Planning for a Supply Chain
	 Filed on 5/14/2004
	  		  
			
	 Pending
  
	  	10/845,985	  	    Repair Vendor Model for Multi-Echelon Repair Planning-Replenishment Orders
	 Filed on 5/14/2004
	  		  
			
	 Pending
  
	  	10/846,320	  	    Planning a Supply of Items to a First Location Associated with a Supply Chain from One or More Second Locations Associated with the Supply
Chain
	 Filed on 5/14/2004
	  		  
			
	 Pending
  
	  	10/823,056	  	    Demand Breakout for a Supply Chain
	 Filed on 4/13/2004
	  		  

  

 Page 49 
 Settlement Agreement 









					
			
	 Pending
  
	  	10/847,009	  	    Enterprise Solution Framework Incorporating a Master Data Management System for Centrally Managing Core Reference Data Associated with an
Enterprise
	 Filed on 5/17/2004
	  		  
			
	 Pending
  
	  	11/218,876	  	    System and Method for Network Visualization and Plan Review
	 Filed on 9/2/2005
	  		  
			
	 Pending
  
	  	11/682,772	  	    Hierarchical Metrics Portal and Associated Method
	 Filed on 3/6/2007
	  		  
			
	 Pending
  
	  	11/474,317	  	    System, Computer-Implemented Method, and Software for Vessel Scheduling for Product Distribution
	 Filed on 6/23/2006
	  		  

  

 Page 50 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/700,387	  	    System and Method for Supply Chain Planning as a Managed Service
	 Filed on 1/31/2007
	  		  
			
	 Pending
  
	  	11/371,985	  	    Custom Application Builder for Supply Chain Management
	 Filed on 3/8/2006
	  		  
			
	 Pending
  
	  	11/371,960	  	    Configurable State Model for Supply Chain Management
	 Filed on 3/8/2006
	  		  
			
	 Pending
  
	  	11/158,371	  	    Program-Based Supply Chain Management
	 Filed on 6/20/2005
	  		  
			
	 Pending
  
	  	12/056,555	  	    Generic Data Staging and Loading Using Enhanced Metadata and Associated Method
	 Filed on 3/27/2008
	  		  
			
	 Pending
  
	  	12/043,240	  	    Sentient Optimization for Continuous Supply Chain Management
	 Filed on 3/6/2008
	  		  

  

 Page 51 
 Settlement Agreement 









					
			
	 Pending
  
	  	12/021,103	  	    Time-Based Decomposition for Optimization of Master Planning Problems
	 Filed on 1/28/2008
	  		  
			
	 Pending
  
	  	12/021,088	  	    Sub-Problem Optimization of Supply Chain Planning Problems
	 Filed on 1/28/2008
	  		  
			
	 Pending
  
	  	12/055,100	  	    System and Method for Providing an Intelligent Configuration Rationalization Solution
	 Filed on 3/25/2008
	  		  
			
	 Pending
  
	  	12/102,247	  	    Business-to-Business Internet Infrastructure
	 Filed on 4/14/2008
	  		  
			
	 Pending
  
	  	12/108,947	  	    System and Method for Allocating Manufactured Products to Sellers Using Profitable Order Promising
	 Filed on 4/24/2008
	  		  

  

 Page 52 
 Settlement Agreement 









					
			
	 Pending
  
	  	11/872,464	  	    System and Method for a Transportation Capacity Exchange
	 Filed on 10/15/2007
	  		  
			
	 Pending
  
	  	61/047,887	  	    Dynamically Routing Salvage Orders and Associated Method
	 Filed on 4/25/2008
	  		  

  

 Page 53 
 Settlement Agreement 








 Exhibit E 
 Additional Amount to be Paid to i2 
 The Additional Amount to be paid to i2 shall be determined in accordance with
the following procedure. The Parties shall submit to the judge in the Texas Action the list of 12 questions (the “Construction Questions”) set forth below relating to construction of 12 claim terms of the patents at issue in the
Texas Action, the proper construction of which is in dispute and that have been the subject of full Markman briefings and a Markman hearing in the Texas Action. Eleven of the questions request the judge to determine whether i2’s proposed
construction or SAP’s proposed construction is more correct, and one question asks the judge to determine whether a claim term is indefinite (the “Indefiniteness Question”), all of which the judge shall be asked to do based
upon the Markman briefings previously submitted by the Parties and the Markman hearing. After the judge has answered all 12 Construction Questions, the Additional Amount shall be determined as follows: 
 1. For each Construction Question that the judge answers that i2’s proposed construction is more correct, the Additional Amount shall be increased
by US$4,166,666.67. 
 2. For each Construction Question that the judge answers that SAP’s proposed construction is more correct, the
Additional Amount shall be increased by zero. 
 3. If the judge answers the Indefiniteness Question “no,” then the Additional
Amount shall be increased by US$4,166,666.67. 
 4. If the judge answers the Indefiniteness Question “yes,” then the Additional
Amount shall be increased by zero. 
 The Construction Questions are set forth on the following Mediation Resolution Form: 
 IN THE UNITED STATES DISTRICT COURT 
 FOR THE EASTERN DISTRICT OF TEXAS 
 MARSHALL DIVISION 
  

			
	 i2 Technologies US, Inc., and
 i2 Technologies, Inc.,

  
 Plaintiffs,
	  	
	 v.
	  	Civil Action No. 2-06-CV-352-TJW
	  
 SAP AG, and
 SAP America, Inc.
  
 Defendants.
	  	  
 JURY TRIAL REQUESTED


  

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 Settlement Agreement 








 MEDIATION RESOLUTION FORM 
 Supply Chain Modeling Patents 
 United States Patent No. 5,764,543; 5,930,156 
 1. Which of the following proposed constructions of “extension selector fields” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Extension selector fields	  	A field that extends a model type in order to support additional information	  	Two or more attribute fields having user-chosen values that specify one of a plurality of extensions

 i2 or
SAP:             
 2. Which of the following proposed
constructions of “optional extensions” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Optional extensions	  	Attributes that allow a user to customize the model	  	Two or more predefined fields that increase the total number of fields in a model

 i2 or
SAP:             
  

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 Settlement Agreement 








 Negotiation Patent 
 United States Patent No. 6,055,519 
 3. Which of the following proposed constructions of “deal” does the
Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Deal	  	Information common to a request, promise, and acceptance	  	Information containing an object oriented description of a contract, that is common to a request, promise, and acceptance

 i2 or
SAP:             
 4. Which of the following proposed constructions
of “state of negotiation” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	State of negotiation	  	Information describing the status of the negotiation and relevant terms	  	One of a discernable set of conditions for a negotiation that is entered into via one or more transitions from other states

 i2 or
SAP:             
 5. Which of the following proposed
constructions of “object” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Object	  	An identifiable software component	  	An encapsulation of data and services that manipulate that data

 i2 or
SAP:             
  

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 Settlement Agreement 








 Collaboration Patent 
 United States Patent No. 5,983,194 
 6. Which of the following proposed constructions of “demand” does the
Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Demand	  	Data representing a needed product	  	Data representing what kind and how many of a needed product, and when the product is needed

 i2 or
SAP:             
 7. Is the claim term “planning capability
data” indefinite? 
 Yes or No:             

8. Which of the following proposed constructions of “planning system” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Planning system	  	A manual or automatic system for generating a plan or schedule for a manufacturing process	  	A computer system for a factory that generates an output plan that accounts for actual demand and supply information

 i2 or
SAP:             
  

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 Settlement Agreement 








 ATP Patents 
 United States Patent Nos. 6,188,989; 6,167,380; 7,085,729 
 9. Which of the following proposed constructions of
“allocation value” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Allocation value	  	Unconsumed supply allocated to a seller	  	A value in a product forecast model that represents the sum of promised quantities from suppliers, and which does not change when customer orders are received

 i2 or
SAP:             
 10. Which of the following proposed
constructions of “available to promise” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Available to promise	  	Quantity of product that is available for delivery to a customer	  	Amount of product that is produced based on forecast orders and generated from supplier-side promises based on forecasted sales, not on specific customer orders

 i2 or
SAP:             
 11. Which of the following proposed
constructions of “commitment level” does the Court find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Commitment level	  	Agreements to sell products to customers	  	A quantity of product that a seller obligates itself to sell such that it results in the generation of forecast requests to a supplier that result in the generation of promised
supply

 i2 or
SAP:             
  

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 Settlement Agreement 








 12. Which of the following proposed constructions of “product forecast model” does the Court
find is more correct: 
  

					
	 CLAIM ELEMENT
	  	 i2’S PROPOSAL
	  	 SAP’S PROPOSAL

	Product forecast model	  	A representation of forecasted sales of a product	  	A data structure having allocated, requested and promised values

 i2 or
SAP:             
  

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 Settlement Agreement