WDC/Sandisk Corporation Message Board

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Technology Stocks : WDC/Sandisk Corporation

WDC 270.16

+7.9%

3:59 PM EST

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To: Ausdauer who wrote (27101)	12/7/2004 10:36:06 AM
From: Art Bechhoefer	Read Replies (1) of 60323

I question why lawsuits are being launched. If an early, aggressive stance against competition were adopted such lawsuits would probably have been instituted when planned capacity was announced. Aus, one reason for NOT pursuing lawsuits immediately is the difficulty of proving damages. If a competitor infringes a patent and successfully takes market share, and if the infringement is intentional, then a jury could award treble damages. The threat of treble damages often discourages the competitor from further infringement, which may be the best, least cost method of stopping the infringement. I think SanDisk has done a pretty good job of protecting its IPR, with the possible exception of an earlier lawsuit involving Lexar, which resulted in cross licensing of certain patents. Art

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