Question

Case 13-08

Accounting for a Loss Contingency for a Verdict Overturned on Appeal

M International (M) and W Inc. (W, a competitor of M) have been engaged in long-standing litigation over a specific patent infringement matter. Below is a summary timeline of specific events that have taken place related to this matter:

In May 2007, W filed a claim against M for patent infringement.

For the year ended December 31, 2007, management of M determined that a loss for this matter was probable and represented that the estimate of loss was in the range of $15 million to $20 million, with $17 million being the most likely amount of loss within the range.

A jury trial took place in September 2009.

The jury reached a verdict on September 24, 2009, and a judgment was ordered in favor of W. The judgment required M to pay W $18.5 million.

In November 2009, M filed a Notice of Appeal with the Court of Appeals.

In December 2010, the Court of Appeals issued a ruling in favor of Ms appeal and reversed the lower courts ruling on the matter. This meant that the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M.

On January 6, 2011, W filed a petition for a re-hearing before the same panel of appellate judges against the reversal of ruling by Court of Appeals.

On February 10, 2011, the appellate judges declined the petition for a re-hearing.

On February 28, 2011, management of M determined this matter was closed upon discussions with in-house legal counsel.

Required:

1. For the year-end December 31, 2007, financial statements, what amount should M record as a liability? Under GAAP and IFRS

2. For the year-end December 31, 2009, financial statements, should M adjust its liability? If so, what amount should be recorded; and should the amount of the adjustment be considered a 2009 event or a prior period adjustment? Under GAAP and IFRS

• Each question should have two answers - one using GAAP and one using IFRS
• Each answer should be supported using cites from the FASB Codifications and appropriate International Accounting Standards