Steve and Thread,
I don't believe that SanDisk would request an injunction unless they feel confident that they have the upper hand.
You see, history has this strange habit of repeating itself...
Samsung barred from selling flash in U.S.
The two companies had hoped to resolve the dispute through negotiation, but talks broke down late last month.
In responding to SanDisk's complaint, Samsung said it faced paying unusually high, double-digit royalties. Memory royalties are usually about 3% to 5%, Niebel said. "And that wasn't even the deal-breaker," said Keith McDonald, vice president of sales and marketing for Samsung Semiconductor Inc., San Jose.
Neither company would quantify the royalty rate that Samsung has agreed to pay. However, several industry sources said the sum mentioned prior to the ITC injunction exceeded 10%.
Reputation as a tough guy. Even before this latest accord, SanDisk had earned a reputation for aggressively asserting its patent rights. In addition to amicable cross-licensing agreements with Hitachi Ltd. and Sharp Corp., SanDisk also inked a deal with Intel Corp. in October 1995 following lengthy legal wrangling.
techweb.com
techweb.com
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