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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 155.82-1.3%Jan 23 9:30 AM EST
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To: John Hayman who wrote (144335)8/15/2006 12:06:37 PM
From: Art Bechhoefer  Read Replies (1) of 152472
 
Qualcomm belatedly declared certain patents as essential after standards had been set and significant investments had already been made within the industry.

John, a possible precedent that would justify QUALCOMM's action can be found in the litigation surrounding a patent obtained by Unocal for a process to make reformulated, low pollution gasoline. Unocal did not assert its patent rights until AFTER the state of California had adopted a standard for low pollution gasoline that would effectively require refiners to use the Unocal patented process.

Among the oil companies that cried foul, Exxon claimed that the patent need not be observed because Unocal deliberately influenced the state of California to adopted a standard that would help Unocal. Exxon also claimed the patent was invalid and lost on all its arguments before the patent court and before the FTC. Exxon also lost on appeal, following which the Federal Government adopted more relaxed fuel pollution standards that would not make the Unocal patent (now held by Chevron) essential.

There was also a well publicized case where the inventor of variable speed windshield wipers did not assert his patent immediately, but eventually forced the big 3 automakers to pay for the use of his design.

These earlier cases argue strongly in favor of the actions now being taken by QUALCOMM to preserve its intellectual property rights. I think QUALCOMM will be successful and am investing accordingly.

Art
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