Qualcomm Incorporated (QCOM) Message Board

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Technology Stocks : Qualcomm Incorporated (QCOM)

QCOM 171.54

+0.4%

Nov 10 3:59 PM EST

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To: IKM who wrote (1776)	4/24/1997 11:16:00 AM
From: JGoren	of 152472

The simple answer is, No. The not-so-simple answer is ridiculously complicated. But, it might be able to get judgment for its legal fees if federal statute provides that either party may receive attorneys' fees and expenses or the winning party may receive them in a patent suit. That would give judge discretion and authority to award fees to a winning defendant. I don't know whther there is an applicable statute. Generally, attorney fees may not be awarded unless the parties have by contract agreed to their award for enforcing the contract or statute grants attorney fees. Getting counter judgment on basis of "frivolous" suit or claims is very tough. Just because one party loses big, it turns out that there was virtually no merit to the suit, does not mean it was "frivolous." Heck, I recently filed a motion for damages due to a frivolous appeal and ended up writing a 15-page brief going over the Texas case law on the factors to be considered.

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