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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 174.690.0%Dec 24 12:59 PM EST

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To: hedgefund who wrote (62030)4/9/2007 10:02:49 PM
From: lml  Read Replies (1) of 197030
 
I don't think Nokia made the payment to avoid an injunction; I think it paid in an effort to reduce damages.<i/>

I agree. I don't think they're unilateral tender of payment of a portion of what is owed, based upon prior performance by the parties, completely insulates them from willful infringement. I think your analysis/conclusion holds a lotta merit given that an injunction is unlikely to issue, & damages will be trebled if & when this matter is adjudicated in a court of law. On the other hand, if this matter is settled b/w the parties, I would suspect damages to be less than if awarded by a court.

Either way, NOK is at risk by virtue of their actions to continue to use Q's IP and failure to pay the agreed-upon royalty rates established under the expired licensing agreement. I kinda view NOK's payment as a "buy down" on the full damage award that is likely to be hanging over them for the next 18 months.
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