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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 159.42-1.2%3:59 PM EST
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To: Qgent who wrote (61374)3/23/2007 1:54:55 PM
From: Art Bechhoefer  Read Replies (3) of 197243
 
Patent ambush is suggesting an idea for the standard knowing they will need to implement your IPR

That is precisely the issue addressed in the Exxon-Unocal case I discussed earlier. In fact, Unocal lobbied the California regulators to adopt a pollution standard that could be met by a patented process invented by Unocal, WITHOUT TELLING THEM that Unocal had a patent on the process. It is significant that Exxon lost at trial and before the appellate panel, and before the appellate court en banc, and finally before the Supreme Court, which declined to hear the case and let stand the appellate affirmation of the lower court.

Exxon v. Unocal is now the accepted law of the land on this issue. There's a good chance that Judge Brewster would be overturned on appeal.

Art
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