WDC/Sandisk Corporation Message Board

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Technology Stocks : WDC/Sandisk Corporation

WDC 155.73

-2.7%

11:30 AM EST

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To: limtex who wrote (15956)	10/24/2000 1:22:14 PM
From: Ausdauer	Read Replies (1) of 60323

Limtex, My understanding is that the venue for the patent nullification trial is a US Patent Court. The current filings are in a District Court in California. "The judge also denied two motions by Lexar -- one claiming SanDisk’s '987 patent is invalid and requesting a partial summary judgment of non-infringement. Eli Harari, SanDisk CEO and president, said, 'Judge Breyer’s ruling vindicates our stand with regard to Lexar’s infringement of SanDisk’s '987 patent. We had on several occasions offered a patent cross-licensing agreement to Lexar under reasonable terms, but Lexar rejected our proposals. Our strategy has been, and remains, to license our patents to enable an open, competitive market for flash cards. We believe that this ruling strongly reaffirms SanDisk’s pioneering innovations in flash memory storage and are optimistic that it will pave the way for other flash memory card suppliers that are not currently licensed by SanDisk to negotiate cross-licenses with SanDisk.' " I see today's activity as an effort to divert the attention of the investing community away from the patent invalidation proceedings and onto unrelated issues. I feel the same way about the SmartMedia infringement case and still wonder why this was ever filed against SanDisk. Lexar's burden of proof in the patent invalidation suit is high. I believe Judge Breyer ruled against Lexar in their earlier attempts to have '987 invalidated, but am sketchy on the details. I will be happy once Eli speaks and clears the air. Ausdauer

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