WDC/Sandisk Corporation Message Board

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Technology Stocks : WDC/Sandisk Corporation

WDC 166.10

-2.3%

Nov 12 3:59 PM EST

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To: Artslaw who wrote (13299)	7/25/2000 6:10:12 PM
From: Ausdauer	Read Replies (3) of 60323

This may be a restatement of what many already know... ...but I think it is worthwhile mentioning. I have a patient who is a patent attorney for a major US company. I asked him about the significance of a US District Court decision and the likelihood of prevailing in a patent nullification situation. He basically told me that a US District Court decision encompasses both a judgement on patent validity and the alleged infringement. An appeal of the decision to a US Patent Court would lead to a review of the findings of the District Court as they relate to patent validity. Thus, it would seem that much of the foundation of SanDisk's patent defense has already occured. If a (generic) patent nullification trial were to procede he indicated that it would be tough, although not impossible to overturn a patent. He gave me the sense that it would not be a particularly favorable position to be in. I now have a better understanding of the importance of Judge Breyer's decision and how it impacts the subsequent patent nullification trial. I feel reassured. Also, the fact that Eli mentioned that other companies have started to approach SanDisk in the wake of the Lexar Media decision is at least some indication that there is little faith within the industry that Lexar will prevail should a second trial be needed. I am very interested to know who the new licensees may be. The Q3 earnings report should be very telling in this regard. All IMHO. Ausdauer

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