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Technology Stocks : WDC/Sandisk Corporation

WDC 176.83

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12:13 PM EST

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To: quidditch who wrote (9989)	4/1/2000 1:04:00 AM
From: Ausdauer	Read Replies (1) of 60323

Steve, re: Lexar Media Whether or not Lexar plans to appeal this decision I think the IPO is greatly endangered. Read through the Lexar registration statement. It is grim. Recall that the hearing in question was postponed twice before yesterday's memorandum. Clearly all eyes (at least of interested parties) were on the decision handed down yesterday. I guess I would be a bit perturbed if someone were to talk me into the Lexar IPO at this stage. In fact, given the current circumstances it is almost criminal. If you listened to the c.c. you could sense in Dr. Harari's voice a degree of exasperation with the constant delays in the proceedings. Also, Lexar has had the moxie (sp?) to initiate separate unrelated litigation against not only SNDK, but also the CompactFlash Association (the latter suit was dropped). Lexar has also used misleading press releases to try to fortify their case against SanDisk (see the discussion here last Fall). I believe this type of conduct speaks volumes as to the quality of individuals at the helm of this company. SanDisk has the financial strength to pursue this matter to whatever extent necessary. I hope they push forward with an injunction. They have used injunctive relief successfully in the past against much greater foes. Recall also, if the suit goes to trial there is reason to believe that treble damages may apply to a decision in SanDisk's favor. This is because testimony has already been given in court that indicates Lexar willfully infringed on the patent in dispute. To make matters worse, several top Lexar executives are past SanDisk employees, including Jon Reemer, the Lexar CEO. In this poker game SanDisk is holding a royal flush. Lexar has a pair of 3's and their bluff is being called. This has gone way to far. Let the chips fall where they may. Ausdauer *Lexar Media...you can't make chicken salad out of chicken sh@!t**

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