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Table 1 shows the number of video game cartridges that were
manufactured in Puerto Rico that EAPR sold and delivered to EA
during the years in issue.5
Table 1
Fiscal Year Units
1993 2,588,306
1994 7,378,471
1995 6,485,815
1996 4,077,218
D. PPI
PPI was a Delaware corporation based in Santa Isabel; it was
an affiliate of R.E. Phelon Company, Inc., a U.S. corporation.
PPI was not related to EA or EAPR. In its Santa Isabel facility,
PPI manufactured proprietary ignition modules and related
products for use in small engines. PPI had about 300 employees
in Santa Isabel in connection with this business. PPI did not
own the equipment, raw materials, and components necessary to
manufacture video games.
E. EAPR-PPI Agreement
On June 25, 1992, EAPR and PPI entered into the Agreement,
relating to the lease employees and certain services. Under the
Agreement, EAPR was required to give to PPI (and update
5It is not always obvious when the parties’ stipulations are
intended to refer to fiscal years and when to calendar years. In
this instance, we believe the parties intended their stipulation
to refer to fiscal years, even though the stipulation does not
say so.
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