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Technology Stocks : WDC/Sandisk Corporation
WDC 161.05+3.5%3:59 PM EST

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To: limtex who wrote (15938)10/24/2000 9:55:55 AM
From: Ausdauer  Read Replies (1) of 60323
 
Limtex,

I can only focus on patent defense now as I think I can get my
arms around it. I cannot get my arms around market psychology.
Others share your level of frustration, including me.

Regarding Lexar, there are such things as open standards with proprietary
facets. The argument that Lexar is currently making seems flawed for
reasons I have explained in my previous post. In fact, the last
two arguments that Lexar has presented (SmartMedia patent infringement and
now this) seem quite weak given the history Reimer has with SanDisk. In fact,
Reimer's prior employment will likely injure their legal tactics against SanDisk.
This is actually the genius behind SanDisk's decision to pursue Lexar Media
first and use the results as a precedent setting case. The fact that there
are already CF assembly licensees which are recognizing SanDisk's IP also
hurts them. The fact that there are profitable flash card manufacturers
also lessens their positon. Simple Technology will report today, for example.

I am interested to hear Eli's response, particularly to this remark...

"We are also pleased that the Court will review SanDisk's patent misuse
which includes our allegations of unlawful tying whereby SanDisk has refused
to license the '987 patent unless the licensee purchases flash memory
from certain SanDisk designees."


Recall that Toshiba purchased a portion of Lexar Media from Simple Technology
and even mention in their prospectus that this relationship did not lead
to an unfavorable purchasing arrangement with Toshiba (and market rates
were paid for raw flash). Also, as has been mentioned, there is a
very limited number of ultra-high density NAND manufacturers.
It seems unlikely that SanDisk would force a licensee to decide on the
source of NAND.

All IMHO.

Ausdauer
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