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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 145.13-4.9%3:13 PM EST
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To: JeffreyHF who wrote (56594)11/2/2006 10:35:46 PM
From: carranza2   of 197494
 
They started it, but Qualcomm is going to finish it.

Well, no. A court will finish the Finns, though I feel much better about the legal horizon than I ever have before.

I just read the eBay decision, which is very short and paintss in very broad strokes. Given the incredible amount of discretion it gives trial judges, I would not feel quite as confident as Lupin does. I don't think that Q will have any particular trouble establishing likelihood of success on the merits since NOK has previously licensed. This will give Q a presumption that the harm is irreparable, but the resumption can be overcomee, and this is where I think Q will have difficulty since all it seeks from Nokia is money.

The third and fourth factors, balance of hardships and public policy issues, I think favor Q, but these could go either way.

I will depend a lot on who decides the issue. I would consider filing a declaratory judgment action in advance of 4/9/07 in SD to get a leg up on things. It would allege that NOK has said it will go forward with using Q's IPR without a license, that negotiations are unlikely to be any good, and that in view of the other cases filed between the parties, a real dispute exists now which a court can adjudicate. It is kind of a wild theory, but I've gotten away with worse.
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