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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 137.67-7.5%10:53 AM EST

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To: slacker711 who wrote (144612)8/28/2006 6:10:28 PM
From: carranza2  Read Replies (1) of 152472
 
Now that is a good brief--even when my own bias is considered.

It is clear, credible, chock full of references to original documents [unlike NOK's brief which looks like a last minute effort on which the writer didn't think corroboration matters], and is very convincing.

It graciously but directly calls NOK a liar by disputing the specifics of the negotiations. It also takes NOK to task for the "full patent peace" BS forcefully and with citations to the actual agreement rather than the unsupported assertions used by NOK but does so subtly yet in a manner which cannot be missed. This of course was completely predictable and perhaps the biggest blunder in the NOK brief which I could see. There may have been more but the briefs are redacted so who knows.

Most important, it directly contradicts by reference to the specifics of the agreement any notion that NOK is entitled to rely on "I'm a stupid chump and Q took advantage of me" defense it is seeking to establish through estoppel. Besides, estoppel as a defense is not favored, kind of a loser's refuge, something applied to unsuspecting widow's and orphans who've been legally cheated, not a sophisticated multi-billion IPR powerhouse like NOK dealing with bijillions of dollars.

Point. Set. Match?

Perhaps so on the GSM IPR argument. Certainly not on the claim that NOK may have EvDO IPR.

When litigants cannot rely on law, on contracts, or on the facts, they resort to mud slinging. I suspect this will be the next step--expect something quite nasty to crop up. Perhaps the mud carrier will be shameless BRCM.

We'll see.
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