Xilinx Inc. and Subsidiaries - Page 21

                                        -21-                                          
         amendment to the answer in docket No. 4142-01 (i.e., relating to             
         1997 and 1998).  On October 21, 2003, the Court granted the                  
         motion and filed respondent’s amendment to answer which asserted             
         that the only ESOs at issue were those granted on or after April             
         2, 1995, and exercised during 1997 and 1998.  As a result of this            
         amendment, respondent’s adjustments to petitioner’s cost-sharing             
         pool, relating to ESOs exercised in 1997 and 1998, decreased from            
         $4,504,781 to $389,037 and $5,195,104 to $1,263,006,                         
         respectively.                                                                
              On November 25, 2003, the Court granted the parties' joint              
         motion to consolidate docket No. 4142-01 and docket No. 702-03               
         (i.e., relating to 1999) for purposes of trial, briefing, and                
         opinion.                                                                     
              The Court, on February 6, 2004, filed respondent’s motion               
         for leave to file a second amendment to the answer in docket No.             
         4142-01 and an amendment to the amended answer in docket No. 702-            
         03.  In this motion, respondent sought permission to contend that            
         ESOs provided to petitioner’s research and development employees             
         be valued as of the date those options were granted (grant date              
         theory).  On April 8, 2004, the Court denied respondent’s motion             
         because the motion failed to provide sufficient information                  
         (i.e., the number of options at issue or the amounts of the                  
         revised deficiencies) relating to respondent’s grant date theory.            
              The Court, on May 11, 2004, filed respondent’s motion for               





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011