eFax 2008 Annual Report Download - page 21

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19
violations of Section 1 & 2 of the Sherman Act and Section 7 of the Clayton Act and California’s Business and Professions Code §§
16720 and 17200. Captaris is seeking dismissal of our patent infringement claims, damages, including treble and punitive damages,
an injunction against further violations, and attorneys’ fees and costs. We have not yet responded to the counterclaims.
We do not believe, based on current knowledge, that any of the foregoing legal proceedings or claims is likely to have a
material adverse effect on our consolidated financial position, results of operations or cash flows. However, depending on the amount
and the timing, an unfavorable resolution of some or all of these matters could materially affect our consolidated financial position,
results of operations or cash flows in a particular period. In accordance with SFAS 5, Accounting for Contingencies, we have not
accrued for a loss contingency relating to these legal proceedings because unfavorable outcomes are not considered by management to
be probable or reasonably estimable.
Item 4. Submission of Matters to a Vote of Security Holders
No matters were submitted to a vote of security holders during the fourth quarter of 2008.
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