THQ PREVAILS IN CA. APPELATE COURT DECISION
  • 03/03/2008 (6:25:55 pm)
  • Mike Informer

IN JAKKS Pacific DISPUTE…

THQ Prevails in California Appelate Court Decision in JAKKS Pacific Dispute

Posted : Mon, 03 Mar 2008 22:49:47 GMT
Author : CA-THQ-INC
Category : PressRelease
AGOURA HILLS, Calif. - (Business Wire) THQ Inc. (NASDAQ:THQI) today announced that it has prevailed in a proceeding filed by JAKKS Pacific before the California Court of Appeals to disqualify potential arbitrators.

THQ and JAKKS Pacific are in the process of arbitrating the royalty rate to be paid by THQ to JAKKS Pacific for WWE video game sales under the THQ/JAKKS Pacific joint venture. Under the terms of the joint venture agreement, the royalty rate effective as of July 1, 2006 was to have been determined by agreement, or failing that, by arbitration. Following numerous delays by JAKKS Pacific, THQ filed an action in California Superior Court to compel arbitration and to appoint an arbitrator. After a trial judge appointed an arbitrator, JAKKS Pacific petitioned the California Court of Appeals to disqualify all but one of the potential arbitrators considered by the judge, based on its interpretation of when potential arbitrators were required to complete disclosure questionnaires. The California Court of Appeals has now denied JAKKS Pacifics petition, which will allow the arbitration process to move forward.

Contrary to JAKKS Pacifics statements that the arbitration process has been slowed for a host of reasons, the sole cause of delay has been JAKKS, said James M. Kennedy, THQs executive vice president, business and legal affairs. We believed JAKKSs position in its petition from the judges appointment of an arbitrator was wrong, and the Court of Appeals has now agreed. As we have stated since we filed suit to compel arbitration and appoint an arbitrator, we look forward to moving the arbitration process forward expeditiously, and we expect to prevail once an arbitrator has the opportunity to consider the facts in this matter.

THQ also stated that certain statements made by JAKKS Pacific during its conference call of February 20, 2008, regarding the economics of the video game joint venture and expectations for future WWE video game sales, do not reflect the views of THQ or the THQ/JAKKS Pacific joint venture. Under the joint venture operating agreement, THQ is the party responsible for the operations of the THQ/JAKKS joint venture. JAKKS Pacific is not currently actively involved in joint venture operations. Accordingly, JAKKS Pacifics statements regarding the economics of the joint venture and expectations of future joint venture performance are not based on any active involvement in the business operations of the joint venture.

The WWE is a tremendous brand and we have consistently grown this franchise in the video game space on a global basis, with life-to-date sales of more than $1 billion, said Brian Farrell, THQ president and CEO. We are excited about the continuing potential of this brand.

About THQ

THQ Inc. (NASDAQ:THQI) is a leading worldwide developer and publisher of interactive entertainment software. The company develops its products for all popular game systems, personal computers and wireless devices. Headquartered in Los Angeles County, California, THQ sells product through its global network of offices located throughout North America, Europe and Asia Pacific. More information about THQ and its products may be found at www.thq.com and www.thqwireless.com. THQ, THQ Wireless, and their respective logos are trademarks and/or registered trademarks of THQ Inc.

This press release contains statements that are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements include, but are not limited to, the companys expectations that its agreement with JAKKS will be successfully arbitrated and a lower rate will be achieved; and future WWE video game sales expectations. These forward-looking statements are based on current expectations, estimates and projections about the business of THQ Inc. and its subsidiaries (collectively referred to as THQ) and are based upon managements beliefs and certain assumptions made by management. Such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such forward-looking statements, including, but not limited to, economic, competitive and technological factors affecting the operations, markets, products, services and pricing of THQ. Unless otherwise required by law, THQ disclaims any obligation to update its view on any such risks or uncertainties or to revise or publicly release the results of any revision to these forward-looking statements. Readers should carefully review the risk factors and the information that could materially affect THQs financial results, described in other documents that THQ files from time to time with the Securities and Exchange Commission, including its Quarterly Reports on Form 10-Q and its Annual Report on Form 10-K for the fiscal period ended March 31, 2007, and particularly the discussion of risk factors that may affect results of operations set forth therein. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this press release.

THQ/Investor Relations
Julie MacMedan
818-871-5125

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