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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 157.80+0.9%Jan 22 3:59 PM EST
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To: JeffreyHF who wrote (61648)3/29/2007 8:49:47 AM
From: JGoren  Read Replies (4) of 197321
 
Obviously, contractual language is controlling. However, based on public announcements there are some reasonable postulations one can make. I still think that it is unlikely that Qcom would be successful in obtaining an injunction against NOK before the option period expires. Tell me how Qcom can satisfy the requirement for a temporary injunction of irreparable injury when NOK still can exercise its option and pay the accrued royalties. Barring express language in the contract that Qcom can obtain an injunction between April 9, 2007 and December 31, 2008, I don't see it. And, NOK would never have agreed to such a provision. If NOK brings an action for an injunction against Qcom, then a waiver argument arises. Between estoppel and waiver arguments back and forth, it seems to me everything still ends up in a stalemate as far as remedies until the option expires.
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