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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 178.29-1.6%Dec 12 9:30 AM EST

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To: peterk who wrote (76332)4/15/2008 7:53:42 PM
From: Art Bechhoefer  Read Replies (1) of 196961
 
if Qual wanted too they could sue for patent infringement right now

The licensing agreement between QCOM and NOK compels the parties to submit disputes to arbitration FIRST, before suing. That is why QCOM and NOK had to waive the arbitration clause in order for Judge Strine to consider some of the arbitration issues in his court. And the reason that QCOM was willing to waive the arbitration obligation appears to be connected with the unexpectedly long time for the arbitrators even to be selected, much less to study the issues.

NOK, on the other hand, would just as soon see these issues delayed as much as possible, giving the EC free rein to dump on QCOM if so inclined. On this point, however, I still disagree with virtually everyone who has made comments on this thread. QCOM is not MSFT, and the EC may not feel as impelled to stick it to QCOM as they have done to MSFT. We'll just have to wait and see on this one.

Art
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