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EFTA01377816

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S-I/A 2017 42 15,232 2018 3 15,306 2019 15,206 Thereafter 66,601 Total 5 159 S 142,049 Less amount representing interest (13) Present value of capital lease obligations 146 Less current portion of capital lease obligation (50) Non-current portion of capital lease obligation S 96 Future minimum lease payments under non-cancelable operating leases (with initial or remaining lease terms in excess of one year) and future minimum capital lease payments as of September 30, 2015 are as follows (unaudited, in thousands): Year: Capital Operating 2015 (remaining 3 months) $ 16 $ 3,749 2016 62 14,616 2017 47 14,729 2018 5 14,897 2019 — 15,149 Thereafter — 67,219 Total 5 130 5130,359 Less amount representing interest (8) Present value of capital lease obligations 122 Less current portion of capital lease obligation (57) Non-current portion of capital lease obligation S 65 F-44 Table of Content% Litigation On December 1, 2010, the Company, along with co-founder Jim McKelvey, filed a complaint in the United States District Court for the Eastern District of Missouri (Civil Action No. 4:10-cv-02243) against REM Holdings 3, LLC ("REM') that. as amended, seeks to correct the inventorship of three patents. The patents named Robert Morley as the sole inventor and REM as their assignee of rights, and the Company filed suit to have Mr. McKelvey added as an inventor. REM subsequently filed counterclaims alleging that the Company had infringed those same three patents. The litigation was stayed pending the outcome of reexamination proceedings before the U.S. Patent and Trademark Office ("PTO") with respect to the three patents. Wth the exception of five recently amended claims, which have not yet progressed beyond preliminary reexamination, all of the claims from the three patents asserted in Mr. Morley's 2010 complaint have either been canceled or otherwise found unpatentable by the Patent Office Trial and Appeals Bo

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