I have spake,
Thus you have.
I agree that Q did not wish to ambush the industry. It did, however, very much wish to ambush BRCM.
Patents are indeed public records, for the whole world to see and read. However, their applicability to a standard is not necessarily known unless the patent holder claims so. Failure to claim their applicability while attending meetings, hiring Central European cloak-and-dagger artists to do your bidding, and otherwise deciding to hide in the bushes while looking away from a distance is, well, smelly, especially when there is a positive duty to disclose what you know or might know or think you know or intuit or grok or simply guess or believe.
The 'out of the blue' business is a matador's cape to a judge who is honorable and believes in fair play. One does not simply sue out of the blue without first trying to work things out. The Right Honorable Judge Rudi probably knew little of the bad blood between the two companies so he naturally assumed that the failure to try to reach a compromise was evidence of evil intent on Q's part.
You and I and everyone else who has followed this Dickensian tale knows that it would have been a waste of time to try to deal with BRCM amicably before suing. However, this points to the lack of lawyerly cunning on the part of Q's lawyers. These expensive dolts should have engaged BRCM in negotiations, even if it would have been a waste of time. Having gone through the formality of negotiating, Q would not have been tarred with the 'out of the blue' finding - "See, Judge, we tried, and they still won't pay their due, get licensed like they should. We had to sue, though we hate to do so, etc."
A little lawyer's cunning, sorely missing here, would have gone a long way.
As far as the lying and the cheating and the prevaricating...all established. The Q lawyers are in deep, deep trouble.
Big whack coming. For the sake of you and our colleagues here, I hope it doesn't affect the price per share too much.
Thus I have spaken.
|
