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To: Rocky Reid who wrote (5533)2/13/1998 1:59:00 AM
From: Dale Stempson  Read Replies (1) of 7685
 
Re: Nomai

Rocky, The fat lady hasn't started singing quite yet:

1) The restraining order against Nomai was not lifted, it was partially lifted. If Nomai is allowed to sell in the U.S., they will have to label their cartridges with a warning that they are not compatible with Zip drives for notebook computers. I expect there would be a large number of users who would not consider buying a product with such a warning regardless of whether they might save a couple bucks or not. I would also think that Iomega would alter newly produced Zips to be incompatible as well.

2) There is another major Iomega/Nomai Zip disk court case to be decided in just two weeks (2/27) regarding a preliminary injunction against Nomai--this time based on claims of copyright and trademark infringement, rather than on the compatibility issue. A ruling against Nomai in this case would make the other ruling a non-issue. I think it is extremely unlikely that Nomai would start ramping and selling disks in the U.S. without first waiting for the outcome of this decision.

3) Iomega's counsel is Laurie Keating. She was quoted as saying that any decision by Nomai to sell its products would be "highly foolhardy," (due to the 2/27 ruling still pending). While I would expect this sort of statement from Iomega's counsel, I give it a bit more credence after reading a post on the Iomega thread where Bloomberg reported that Keating purchased 20,000 shares of IOM at 8.75 on January 29. This doesn't sound like someone who is concerned about which way the U.S. District Judge will rule.

In any case, this ballgame has only reached halftime and I think one of Iomega's commercials is about to be aired.

Regards - Dale
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