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ADOBE SYSTEMS INCORPORATED NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (Continued) (In thousands, except per share d

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Content	ADOBE SYSTEMS INCORPORATED NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS (Continued) (In thousands, except per share data) (Unaudited) NOTE 8. COMMITMENTS AND CONTINGENCIES (Continued) 2004 primarily relates to our digital video software products. The table below summarizes the activity related to the accrual for the six months ended June 4, 2004: Balance atBalance atNovember 28, 2003AccrualsPaymentsJune 4, 2004 $3,185$114$(3,185)$114 Legal Actions In early 2002, International Typeface Corporation (‘‘ITC’’) and Agfa Monotype Corporation (‘‘AMT’’), companies which have common ownership and management, each charged, by way of informal letters to Adobe, that Adobe’s distribution of font software, which generates ITC and AMT typefaces, breaches its contracts with ITC and AMT, respectively, pursuant to which Adobe licensed certain rights with respect to ITC and AMT typefaces. AMT and ITC further charged that Adobe violated the Digital Millennium Copyright Act (‘‘DMCA’’) with respect to, or induced or contributed to, the infringement of copyrights in, ITC’s and AMT’s TrueType font software. On September 4, 2002, Adobe initiated arbitration proceedings in London, England (‘‘the London Arbitration’’) against AMT, seeking a declaration that Adobe’s distribution of font software that generates AMT typefaces did not breach its contract pursuant to which it licensed certain rights with respect to AMT typefaces and, therefore, that AMT did not have the right to terminate the agreement. AMT made certain breach of contract claims in response to Adobe’s arbitration demand. On June 28, 2004, the arbitrators held that the contract remains in full force and that AMT does not have the right to terminate it. The arbitrators found in favor of AMT on only one of its three claims, but have not yet ruled on whether AMT is entitled to recover any damages from Adobe on that claim. We believe that a damage award, if any, will not have a material adverse effect on Adobe. On September 5, 2002, AMT and ITC filed suit against Adobe in the U.S. District Court, Eastern District of Illinois (‘‘the Illinois Action’’), asserting only that Adobe’s distribution of the superseded 5.0 version of Adobe Acrobat violated the DMCA. On November 13, 2002, ITC filed another suit against Adobe in the United States District Court for the Eastern District of Illinois, asserting that Adobe breached its contract with ITC and that ITC, not Adobe, owns the copyrights in font software created by Adobe which generates ITC typefaces. If ITC prevails on its breach of contract claims in the second Illinois action, ITC may have the right to terminate Adobe’s right to distribute any of its products that then still contain font software that generates ITC typefaces. The results of any litigation are inherently uncertain and we cannot assure that we will be able to successfully defend ourselves against the actions described above. AMT and ITC seek an unspecified aggregate dollar amount of damages in the Illinois actions. A favorable outcome for AMT or ITC in these actions could have a material adverse effect on Adobe’s financial position, cash flows or results of operations. We believe that all of AMT’s and ITC’s remaining claims are without merit and we are vigorously defending against them. We cannot estimate any possible loss at this time. 16
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