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Technology Stocks : VTEL: Anyone else follow this?

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To: doug doan who wrote (696)8/17/1997 8:39:00 AM
From: Dale Stempson   of 1214
 
Re: PictureTel

I was browsing through the latest 10-Q from PictureTel and ran across an interesting piece of information:

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>>>>>3. LITIGATION - In December 1993, PictureTel was sued by Datapoint Corporation in the United States District Court for the Northern District of Texas. Datapoint alleges that certain of the Company's products infringe patent rights allegedly owned by Datapoint. The complaint seeks approximately $51 million in damages for alleged past infringement and an injunction against alleged future infringement. The Company believes that it has meritorious defenses to the allegations of the complaint, and is vigorously defending against the lawsuit.

In the fall of 1996, the Court appointed a Special Master to consider the Company's motion for summary judgment of non-infringement. The Special Master recommended that the motion for summary judgment be denied. On September 16, 1996, the Court adopted the Special Master's claim construction of the Datapoint patents and denied PictureTel's summary judgment motion. A trial date has been set for October 6, 1997. The parties are completing discovery.

In the event the Company is found to be infringing a valid patent or patents, the Company could be required to pay damages for past infringement and cease the sale of products incorporating the infringing feature (or be required to take a license and pay royalties with respect to such patents). There can be no assurance that the Company will prevail. The Company believes that an adverse outcome of the lawsuit would have a material adverse effect on the business or the financial position, results of operations and cash flows of the Company.<<<<<

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Who knows, if Datapoint was to prevail, PictureTel could be significantly weakened and VTEL might benefit as a result. October 6th is right around the corner...

Regards - Dale
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