SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 159.42-1.2%3:59 PM EST
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: Maurice Winn who wrote (61406)3/23/2007 6:18:38 PM
From: matherandlowell  Read Replies (1) of 197239
 
"Common law: <What law requires adherence to unwritten expectations? > Which is also unwritten. New Zealand doesn't even have a written constitution. An oral contract is still a contract. Unspoken words are enough. Common practise in the absence of any words at all is enough."

Far be it from me to affect any legal expertise but I believe that precedent exists to support the notion that written agreements (contracts) trump oral agreements (oral contracts, "unwritten expectations"). In this situation, there were written rules for disclosure of patents. Forgetting for a moment that QCOM was not actively or passively participating in this process, a point which is disputed, the fact that the company adhered to the written policy for disclosure should be enough to get Judge Brewster's ruling overturned.

This is the real world we are dealing with now. Patents are in play. Money is on the line. Widows, orphans, and hard working physicians have their money invested. Written contracts are mandatory. Complying with the written rules must carry more weight than an assertion based upon an unwritten expectation.

The only question is whether the Q will see fit to appeal. I hope that they do.

j.

Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2026 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News