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Technology Stocks : Ericsson overlook? -- Ignore unavailable to you. Want to Upgrade?


To: JDN who wrote (3935)2/15/2000 4:38:00 PM
From: D.J.Smyth  Read Replies (1) | Respond to of 5390
 
Molly, in reference to this statement in regard to the ERICY case posts that you listed. Both you and others have made this same statement:

"To be honest, when the patent suit was first disclosed I noted that IDC did in fact lose a similar suit against MOT..."

first off, the case of IDC against MOT was not "lost" by IDC. the judge left open areas which IDC had the right to challenge Motorola on in the future. I would not call giving IDC the ability to return and "clarify" these additional issues as having "lost". A main reason for this is that the issues which the judge left open were not claims which were independent. They were dependent claims - claims which are rooted in one or more previously honored US patents. An entire case can be built around the claims which the judge left open. It is doubtful that even the judge in that case knew to what extent he was "reopening" the case for further litigation.

secondly, the case of ERICY vs. IDC is in regard to different, or separate issues than those dealt with in the Motorola case. The Motorola case was a broad issue; the ERICY case is dealing with specific violations.

It is interesting that both IDC and ERICY were originally in talks to settle the issue but could not come to terms on the definition of terms or their application within a TDMA system.

In a later post I will give you a short skinny on this case since it does interest me a great deal. Gus did write some information in regard to this case in an earlier post which you may find interesting - information taken directly from IDC's Markman hearing against ERICY. The full pallet of which has been published.