OPINIONS OF COUNSEL

Moderator ROBERT W. TURNER, Dallas

Jones Day

NESTOR FEDERICO HO, Austin Chief Legal Intellectual Property Counsel

Silicon Labs

LISA K. JORGENSON, Carrollton Director, Intellectual Property and Licensing, Assistant Secretary

STMicroelectronics, Inc.

DAVID W. WESTERGARD, Boise, ID Chief Counsel, Patent Litigation & Licensing

Micron Technology

State Bar of Texas 17TH ANNUAL INTELLECTUAL PROPERTY LAW COURSE

March 4-5, 2004 San Antonio

CHAPTER 8

Néstor F. Ho Biography Néstor F. Ho currently represents Silicon Laboratories Inc. as its Chief Legal and Intellectual Property Counsel. Silicon Labs (SLAB: NASDAQ), a leading designer of high-performance, analog- intensive mixed-signal integrated circuits, is one of the most successful high- tech companies in Central Texas. Prior to joining Silicon Labs, Mr. Ho concurrently held dual posts as Division I.P. Counsel and I.P. Manager for the Latin America and Africa Regions for the 3M Company. In these positions, Néstor advised 3M’s telecommunications, visual systems, and optical fibers businesses, as well as over 20 foreign subsidiaries. Before becoming an in-house counsel, Mr. Ho practiced privately, first with the law firm of Faegre & Benson, an international full-practice law firm, headquartered in Minneapolis, MN. Later, he practiced with the law firm of Arnold, White & Durkee, one of the preeminent IP litigation firms in the country. While in private practice, Mr. Ho's counseled several high-profile clients, including corporations such as Samsung, Applied Materials, Medtronic, and Intel. During his career, Mr. Ho has actively participated in both the local and national I.P. bar. He has spoken at both national and international conferences. Most recently, he served as the Vice-Chairman for the AIPLA PCT Issues Committee. Mr. Ho was born and raised in Panama City, Panama. He earned his J.D. from Indiana University, magna cum laude, Order of the Coif, where he served as an Editor for the Indiana Law Journal. He received a B.S. in Electrical Engineering from the University of Michigan. He also is a graduate with high honors from the University of Texas School of Law, where he received an LL.M. in international law.

Lisa K. Jorgenson, Esq. 4103 Mockingbird Lane Colleyville, Texas 76034 Work 972-466-7414

PROFESSIONAL EXPERIENCE 2002 STMicroelectronics, Inc. Carrollton, TX – Group Vice President, Intellectual Property and Licensing

1995 - 2002 STMicroelectronics, Inc. Carrollton, TX - Director, Intellectual Property and Licensing and Assistant Secretary

Responsibilities include managing intellectual property matters for a multinational semiconductor corporation including: overseeing multimillion dollar annual budgets; hiring, training and supervising patent agents and attorneys; directing 20-25 external technical consultants, outside counsel and foreign agents; negotiating multimillion dollar licensing agreements, advising senior management on intellectual property issues impacting the company and the industry, and staying abreast of new industry standards.

1990 - 1995 Patent Attorney. Responsibilities included: establishing a European patent department; implementing a computerized docketing system; prosecuting patent applications for semiconductor devices and fabrication processes; training patent attorneys and staff; dealing with various trademark and copyright issues; directing outside counsel and technical consultants including reverse engineering of semiconductor devices; presenting in-house training seminars for management, scientists and engineers; and, providing licensing and litigation support.

1988 - 1990 Bickel & Brewer, Dallas, TX, Associate Attorney

Litigation practice including client counseling, preparing and presenting motions in state and federal court, taking and defending depositions, preparing witnesses and preparing, and responding to, discovery requests. Areas of practice included trade secret law, contract law, employee/employer law, banking law, and real estate law.

1978- 1987 Westinghouse Electric Corporation, Chicago, Illinois, Sales Engineer EDUCATION

JD with Distinction 1987, The John Marshall Law School, Chicago, Illinois.

MS Industrial Management 1983, Purdue University.

BS Biology; Minor: Chemistry 1978, Saint Mary's College South Bend, IN ADMISSIONS

Texas State Bar, United States Court of Appeals for the Federal Circuit, United States District Court for the Northern District of Texas, United States Patent and Trademark Office. - Reg. No. 34,845.

W. David Westergard is a 1988 graduate of the law school at Brigham Young University. Since 1996, he has served as Chief Counsel for Patent Litigation and Licensing at Micron Technology Inc in Boise, Idaho. Prior to joining Micron, Mr. Westergard was associated with the patent litigation firm of Arnold, White & Durkee in Houston, Texas where he participated in complex patent litigation for large companies, including for Intel, Medtronic and Halliburton. In 1990-91, Mr. Westergard served as a law clerk to the Honorable Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit.

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Robert W. Turner2727 No. Harwood

Dallas, Texas 75201-1515(214) 969-2984

November 1990 to Present: Partner and head of the Intellectual Property section (Dallas Office) of Jones, Day,Reavis & Pogue, an international law firm with about 1800 lawyers and twenty-eight offices worldwide. Memberof the Jones Day Litigation Group which was recognized by the American Lawyer (January 2002) as the LitigationDepartment of the Year (2000-20001).

September 1973 to October 1990 - Founding partner and member of the management committee of Hubbard,Thurman, Turner, Tucker & Harris, specializing in intellectual property law.

1965 to August, 1973 - Associate and then partner at Hyer, Eichenroht, Thompson and Turner, Houston, Texas,specializing in Intellectual Property Law.

1963 to 1965 - Law clerk to the Honorable Ben. C. Connally, Chief Judge of the Southern District of Texas.

REPRESENTATIVE TRANSACTIONS AND PROFESSIONAL EXPERTISE

Over 35 years experience in virtually all aspects of patent, trademark and copyright law, including the preparationand prosecution of complex mechanical, electronic and computer patent applications.

Lead counsel in numerous important intellectual property lawsuits over the last 25 years.

Represented the following clients in litigation involving patent, trade secret, trademark and trade dress, copyright,unfair competition, antitrust and/or contract issues:

Baker International (now Baker-Hughes) and related companies; Bausch and Lomb; BethlehemSteel; Dresser Industries; U.S. Industries; Phillips Petroleum; BSD Medical; Cameron IronWorks; SEDCO; U.S. Aluminum; Frymaster Corp.; Washex; Poulan/Weed Eater Division ofWhite Consolidated Industries; Precision Dynamics; Gearhart Industries; Pennwalt; Whitehall;Amsco; Texas Instruments Incorporated; PepsiCo, Oryx Energy, Texas Industries and numerousothers.

Experience as lead counsel has included State and federal court bench and jury trials and appeals, including theFifth Circuit and Federal Circuit, two 337 actions in the U.S. International Trade Commission, and arbitration of amajor patent and trade secret case under the rules of the International Chamber of Commerce.

Dealt with many issues involving international protection, exploitation or enforcement of intellectual property rights.

Listed in the Intellectual Property Section of The Best Lawyers in America since 1991 and on D Magazine's, listof "The Best Lawyers in Dallas" (1997 and 2001). Also listed in the International Who's Who of BusinessLawyers, as one of 74 U.S. patent attorneys, Chambers USA, America's Leading Business Lawyers, 2002-2003, and featured as one of the go to lawyers for High Tech in Texas by the Texas Lawyer (July, 2000). Namedto Texas Monthly's Super Lawyers in Texas, 2003.

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Testified as an expert witness numerous times on intellectual property issues and has served as a Special Master inthree patent infringement cases.

Registered to practice before the U.S. Patent and Trademark Office since 1967; Registration No. 24,184.

PROFESSIONAL AFFILIATIONS

State Bar of TexasCollege of the State Bar of TexasDallas Bar AssociationDallas-Fort Worth Patent Law AssociationHouston Bar Association (Past)Houston Intellectual Property Law Association (Past)

Active in various sections and committees of the named organizations over the years and have held various offices. Was Chairman of the 2000 member Intellectual Property Section of the State Bar of Texas, June, 1999 - June2000.

EDUCATION

The University of Texas School of Law, Austin, Texas1963, LLB, Phi Delta Phi

The Rice Institute, Houston, Texas1960, B.A., Deans Honor List 1958-1960

LEGAL TECHNICAL EXPERIENCE

1957 to 1960 - worked in the electronic and research laboratories of two companies in the electrical and radiationwell logging business, and from 1960 to 1963 was an electronic and research technician for Texas Nuclear Corp.in Austin, Texas. Designed and built complex electronic equipment for research use and commercial sale.

Legal experience has included one year in the Texas Legislative Counsel, two years as a Law Clerk to U.S.District Judge Ben C. Connally, Chief Judge for the Southern District of Texas (participating in five major patenttrials); eight years as an associate and then partner in a Houston Intellectual Property law firm; 17 years as afounding partner of a 20-plus lawyer Dallas and Houston Intellectual Property law firm; and the present position atJones, Day, Reavis & Pogue.

PUBLICATIONS, TEACHING AND SPEAKING ENGAGEMENTS

Adjunct Professor, the University of Texas School of Law, 1992, to the present, teaching a course in Enforcementof Intellectual Property.

Faculty member, Patent Resources Group, Inc., 1988 to 1992, Patent and Copyright Litigation in Electronics andComputer cases.Faculty member, Patent Resources Group, Inc., 1993 to present, Designing Around Valid U.S. Patents. (3-4programs per year).

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Occasional lecturer in Intellectual Property law, Southern Methodist University School of Law and Baylor LawSchool.

Chapter on Intellectual Property Law, Fifth Circuit Symposium, 1987 and 1988, Texas Tech Law Review.

Chapter on Patent Litigation, IDEA LAW, published 1978 by the State Bar of Texas.

"Arbitration in Patent Cases," 1987 PATENT LAW MANUAL, presented at the Southwestern LegalFoundation Symposium on Intellectual Property Law.

Co-author, "Best Mode Problems," HIPLA Conference, 1989.

"Litigation Considerations in Preparing Patent Applications," IPLA Section, State Bar of Texas, 1988.

"Copyright Misuse in Licensing Computer Software," The University of Texas Computer Law and TechnologySymposium, September 1991.

"Doctrine of Equivalents and Hypothetical Claims," Southwest Legal Foundation Institute on Patent Law,November 1991.

"Designing Around U.S. Patents," Southwest Legal Foundation Institute on Patent Law, November 1993.

Co-author of the course material for the Patent Resources course on "Designing Around Valid U.S. Patents."

Panel Member — "Use and Abuse of Special Masters," State Bar of Texas Intellectual Property Institute, 1999.

Presentation on Damages, ABA Intellectual Property Mid Year Conference in Williamsport, Virginia, 1998, and atThe University of Texas Advanced Patent Law Seminar, 1997, 1998 and 1999.

Presentation on Infringement Law at the April, 2000 conference entitled "Intellectual Property Litigation in the 21stCentury" sponsored by the Texas Intellectual Property Journal and the Texas Intellectual Property Law Society.

Moderator for Judges Panels - May 2000 at the State Bar of Texas High Tech Litigation Conference and inNovember, 2000 and 2001 at the University of Texas Advanced Patent Law Institute.

"The Impact of Festo in Patent Litigation," State Bar of Texas IP Institute, 2002, and Dallas-Fort Worth IP LawAssociation, 2002.

"Design Around, Doctrine of Equivalents and Festo," University of Texas Advanced Patent Law Institute, 2002.

PERSONAL

Born February 19, 1938. Married, four children. Amateur Radio Operator since 1953 (Amateur Extra License).