Queuecom--your analysis and conclusions are too easy, and probably as much biased toward QCOM as Judge Rudi is against. That the judge made intemperate remarks could be used as a basis for an appeal to have the entire judgment thrown out, just as occurred several years ago when Judge Posner made remarks to the press concerning the ongoing case between Netscape and Microsoft, over which he presided.
In the Netscape v. Microsoft case, Posner made some pejorative remarks about Microsoft, and the case was then handed over to another judge on grounds of bias. Something similar could occur here, partly for the reasons you noted. In this case, the bigger the award Judge Rudi makes to BRCM, the more likely QCOM's inevitable appeal will get favorable consideration.
It isn't necessary for Carol Lam to attempt to mollify the judge. The worse he speaks out, the more he puts his foot in the soft stuff. But since Ms. Lam has had experience with this judge, maybe she knows the best way to handle the situation, without incurring more unfavorable responses.
As to perjury against QCOM employees, that is not as simple as it looks. Did they intentionally lie, or not? In perjury, you have to show intent, and that is not clear in this case. In addition, the outcome of the case was not changed because of alleged perjury--a factor that would be considered in determining whether prosecution for perjury was even meritted.
As to the lawyers involved, let's hope that Lupin was simply careless, lazy, and not aware of what the legal team was up to. That would place the onus on the outside law firm and form a basis for a humdinger of a malpractice suit. If Lupin was involved and knew information was being withheld, or worse, encouraged such behavior, then, in my non-lawyer opinion, that is the worst possible outcome for QCOM, for it casts a cloud over any malpractice action and leaves QCOM bearing full responsibility for the mess.
Disbarment for most of the lawyers involved is probably unlikely. In any event, their reputation, and the reputation of their firm must already be impacted. I would think it a miracle if any of these guys ever got more than a clerical job on future patent infringement defenses.
Art |
