Lawsuit Overview
Settlement Overview
You must register to view and download the Settlement Notice and Settlement Proof.
JULY 2011 - According to the Notice: Securities and Time Period: Infineon American Depositary Shares (―ADSs‖) (CUSIP: 45662N103) purchased or acquired between March 13, 2000 and July 19, 2004, inclusive (―Settlement Class Period‖).1 Settlement Fund: $6,200,000 in cash. Your recovery will depend on the number of Infineon ADSs you purchased or acquired between March 13, 2000 and July 19, 2004, inclusive, and the timing of your purchases, acquisitions, and any sales. If claims are submitted for 100% of eligible Infineon ADSs, the estimated average recovery per share will be approximately $0.086 before deduction of Court-approved fees and expenses.
Settlement Class: The Court has preliminarily certified a Settlement Class of all Persons (and their beneficiaries) who purchased or otherwise acquired Infineon securities on a United States Securities Exchange (the New York Stock Exchange or any other exchange based in the United States upon which securities are traded) between March 13, 2000 and July 19, 2004, inclusive. Excluded from the Settlement Class are Defendants, their officers and directors during the Settlement Class Period, the members of their immediate families, and their respective representatives, heirs, successors, and assigns, as well as any entity in which Defendants have or had a controlling interest. Also excluded from the Settlement Class are those Persons who otherwise satisfy the above requirements for membership in the Settlement Class, but who timely and validly request exclusion from the Settlement Class pursuant to this Notice.
Reasons for Settlement: Avoids the costs and risks associated with continued litigation, including the danger of no recovery, and provides a benefit to the Settlement Class now.
If the Case Had Not Settled: The Settlement must be compared to the risk of no recovery after contested motions, trial, and likely appeals. A trial is a risky proposition and the Plaintiff might not have prevailed. The claims in this case involve numerous complex legal and factual issues that would require extensive and costly expert testimony.
Among the many key issues about which the two sides do not agree are: (1) whether any of the Defendants violated the securities laws or otherwise engaged in any wrongdoing; (2) whether the facts alleged by the Plaintiff were material, false, misleading or otherwise actionable under the securities laws; (3) whether the various facts alleged by the Plaintiff influenced the trading prices of Infineon securities during the relevant period; (4) the method for determining whether Infineon securities were artificially inflated during the relevant period; (5) the amount (if any) of such inflation; and (6) the amount of damages (if any) that could be recovered at trial.