Mike, thanks again for watching the SNDK-Lexar filings. From my limited experience with legal procedures, I believe it may be difficult to depose Eli Harari for a second time. Generally a party gets only one chance for discovery in order to obtain sworn testimony from whatever sources are thought to be relevant. Once you've had that discovery opportunity, barring very unusual circumstances, that's it!
What appears to be happening here, based on your list of newly filed documents, is that Lexar not only has a weak defense but it also may not have established triable issues of fact sufficient to overcome a pre-trial summary judgment ruling in SanDisk's favor, based on the law and the facts. The very carefully constructed SanDisk responses suggest, as you have indicated, that SNDK is in no great hurry to expedite any final decision, thereby weakening Lexar's financial position and its ability to raise funds through an IPO.
Additionally, it appears to me that SanDisk has made the correct strategic decision to fight this case every inch of the way, leading not to some negotiated settlement but to the ultimate dissolution of Lexar. If anyone working for me tried to rip off part of my business and start a new one to compete with me, I would be inclined to adopt a "take no prisoners" attitude on grounds not only of good business practice but also the principle of the thing. As Berkshire Hathaway investment guru Warren Buffett once stated, "You can not make a good deal with a bad man."
Art |
