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Technology Stocks : WDC/Sandisk Corporation
WDC 174.21+6.9%Nov 10 3:59 PM EST
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To: Michael A. Gottesman who wrote (8774)1/25/2000 8:54:00 PM
From: Ausdauer  Read Replies (1) of 60323
 
Michael,

re: "infringement" vs. "willful infringement"

Here's the latest I have been able to obtain from Judge Breyer's docketing clerk. I would have liked more info but she didn't have too much:

2/22/2000 - Hearing on a motion filed by the defendant to strike portions of the claims in plaintiff's brief. This may relate to some statements made by employees of Lexar that they knew they were infringing.
Some mention was made of this in posts on this thread.

I believe the inclusion of statements by several witnesses on behalf of the plaintiff (SanDisk) regarding the comments of the Lexar CEO during licensing fee negotiations is extremely damaging. Their latest motions indicate that the Lexar legal team wants this specific language removed from any briefs. On has to ask this question:

Did Lexar cross the line between "infringement" to "willful infringement"?

As I posted on the Yahoo SNDK Thread a while back the Lexar management highlighted on their website reads like a roster of disgruntled SanDisk ex-employees. I think a very strong and very compelling case can be built around "willful infringement". And with litigation going on for such a protracted period at this stage it seems unlikely that the SanDisk legal team is going to let them off lightly.

I sense that Lexar is gasping for air here.

The desperation is nearly palpable.

Ausdauer
SanDisk...We put the "dig it!" in digital.
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