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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 170.90-1.3%Nov 7 9:30 AM EST
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To: carranza2 who wrote (54300)8/10/2006 11:37:36 AM
From: JGoren  Read Replies (1) of 196546
 
I don't know how broad the jurisdiction of the Delaware Chancery court is, but normally it would exercise jurisdiction over internal corporate governance issues and shareholder disputes with the corporate entity. If the issue of fair licensing is encompassed in any of the other lawsuits, then even if it had theoretical jurisdiction, normally the court would dismiss the case in the interests of comity. Furthermore, it's just not an issue that the court would really have expertise in; I would think a federal court under the commerce clause of the Constitution should be the place of litigation; otherwise, you can have multiple suits in states with differing decisions. Even assuming NOK could get an injunction, it could only be an order: "license on a fair, etc. basis." That's a pretty hard order to enforce. That would require the court to determine a fair royalty and fair other terms. That's generally not something courts are willing to do--set prices and terms of a licensing contract. The court can't make a contract for the parties.

With respect to the NOK prayer that no injunction can be obtained by Qcom with respect to NOK violations, this clearly is a matter for the courts that already have the cases to determine. Therefore, that claim should be dismissed for want of jurisdiction or comity; NOK is asking for a complete new litigation of the issues in a Delaware state court. The judges of the Chancery Court have too many pressing cases to waste their time that way.
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