The Court did not finally resolve all the claims in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the risks and cost of a trial, and the people affected will get compensation. The Lead Plaintiffs and their attorneys think the settlement is best for all Class Members.

The Settlement results in a payment of $6,300,000 plus accrued interest less attorney’s fees and expenses for the benefit of investors who purchased shares of Xybernaut common stock on the open market during the class period.

The Court held a Fairness Hearing on February 20, 2008. At the Fairness Hearing, the Court considered: (a) whether this Action satisfies the applicable prerequisites for class action treatment; (b) whether the terms of the Settlement are fair, reasonable and adequate, and in the best interests of the Settlement Class; (c) whether to approve the Plan of Allocation; (d) whether to enter the Order and Final Judgment as provided under the Stipulation; (e) whether to approve the application of Co-Lead Counsel for an award of attorneys' fees and expenses; and (f) such other matters as the Court deemed appropriate.

At the conclusion of the Fairness Hearing, on February 20, 2008, the Court issued an order approving the Settlement, the Plan of Allocation, and attorneys' fees and expenses, and overruled all objections. Please refer to the Order and Final Judgment for complete details.

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