After reading the opinion last night, I understand why it is as lengthy as it is.
The legal standard is whether the complaint, as amended, states a valid claim against Q. As such, each and every allegation made by BRCM is presumed true, then tested against applicable law to determine if the law provides a remedy. If it does not, the case is dismissed. The plaintiff, however, is often allowed to refile a new suit stating claims which may afford them a remedy.
Madam Judge went to a lot of trouble to write a lengthy decision analyzing each and every of the claims against Q in great detail. She found all of them legally baseless, but she gave BRCM an opportunity to refile the suit to meet the problems she found with its articulation of BRCM's alleged, inter alia, cassus belli, pro tanto, claims.
Remember, this is only an antitrust suit, not a patent infringement claim. Still, one of the real concerns on the part of investors has been Q's potential antitrust liability for doing business as it does. This is the first time that a court takes a look at the model and finds that there is no antitrust violation.
In other words, this is an Extremely Significant And Good Thing. We should thank sleazy BRCM for giving Q the opportunity to have a court put its imprimatur and Good Housekeeping Seal of Approval on Q's business model. |
