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At all relevant times, including after Ms. Mirowski’s death,
MFV has been a valid functioning investment operation and has
been managing business matters relating to the ICD patents and
the ICD patents license agreement, including related litigation.
As Ms. Mirowski had hoped, her daughters, in their capacities as
officers of MFV and as trustees of MFV’s members, have actively
worked together to manage MFV’s assets. Ms. Mirowski’s daughters
have held meetings with representatives of Goldman Sachs approxi-
mately three to four times a year in order to review MFV’s
Goldman Sachs’ account performance and asset allocation and to
determine what, if any, changes should be made in the future.
For at least one of those meetings each year, all of Ms.
Mirowski’s daughters have been present in person. For the
several other meetings each year, the daughters have met together
in person or have participated in a meeting by teleconference.
All of Ms. Mirowski’s daughters jointly have made investment
decisions for MFV and plan to have each of their respective
children also become involved in such decisionmaking when they
reach the appropriate age. In addition, Ms. Mirowski’s daughters
have worked together on matters concerning the business of
managing the ICD patents, the ICD patents license agreement, and
related litigation. At the time of the trial in this case, there
was substantial ongoing litigation relating to those patents and
that license agreement with respect to which Ms. Mirowski’s
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Last modified: March 27, 2008