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Accounting for a Loss Contingency for a Verdict Overturned on Appeal Essay

M International (“M”) and W Inc. (“W,” a competitor of M) have been engaged in long- standing litigation over a specific patent infringement matter. Below is a summary timeline of specific events that have taken place related to this matter:

In May 2007, W filed a claim against M for patent infringement.

For the year ended December 31, 2007, management of M determined that a loss for this matter was probable and represented that the estimate of loss was in the range of $15 million to $20 million, with $17 million being the most likely amount of loss within the range.

A jury trial took place in September 2009.

The jury reached a verdict on September 24, 2009, and a judgment was ordered in favor of W. The judgment required M to pay W $18.5 million.

In November 2009, M filed a Notice of Appeal with the Court of Appeals.

In December 2010, the Court of Appeals issued a ruling in favor of M’s appeal and reversed the lower court’s ruling on the matter. This meant that the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M.

On January 6, 2011, W filed a petition for a re-hearing before the same panel of appellate judges against the reversal of ruling by Court of Appeals.

On February 10, 2011, the appellate judges declined the petition for a re-hearing.

On February 28, 2011, management of M determined this matter was closed upon discussions with in-house legal counsel.

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