tripperd2--Thanks for the link on the Apple lawsuit discussion. I didn't have time to hear all of the discussion, but there are a couple of points worth noting:
1. "Irreparable harm" is a notion, which if proved, can result in a court order stopping HTC from selling any devices that infringe Apple patents. If they can't prove irreparable harm (difficult to prove when Apple has the majority of sales of devices that use these patents), they can at least get an order forcing HTC to license the technology from Apple, and/or pay Apple an appropriate equivalent of a royalty for the units already sold.
2. As everyone seems to agree, the Apple lawsuit is really against the open Android system, which many people believe is the only real competition that Apple has for devices capable of browsing the Internet with ease. Though I'm not a lawyer, I've followed enough of these cases to know that the law often forces a plaintiff to file against ALL the defendants who are infringing. HTC is allegedly infringing because it uses an operating system made available by Google. Therefore, it seems to me that Google must be a party to the action before it can proceed.
3. That Google is not mentioned gives rise to possibility that Apple really wants to stop or slow the use of devices running Android and, by doing so, ensure its own domination of the smart phone/tablet market. The motive here may be important in determining who must be in the lawsuit.
4. And, as I noted earlier, the patents that Apple claims are valid may, under tighter scrutiny prove to be invalid.
5. Because of the cost of these lawsuits, they will probably be settled out of court after two or three years, during which time the defendants may be sufficiently discouraged not to push their competing products. This would definitely have an adverse impact on QCOM.
Art |
