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Technology Stocks : WDC/Sandisk Corporation -- Ignore unavailable to you. Want to Upgrade?

To: Michael A. Gottesman who wrote (14264)	8/24/2000 3:23:18 PM
From: Ausdauer	Respond to of 60323

Mike, Again, excellent detective work. I wondered if the reported redesign would be used by Lexar attorneys to retard SanDisk's legal progress, because it basically would afford Lexar Media the ability to continue to manufacture (purportedly) non-infringing products even if they lose or settle the current '987 case. This is key because it would permit the uninterrupted stream of product revenues for Lexar even if SanDisk was to seek an injunction. If relief had been granted to Lexar it would seem logical that SanDisk would have to file motions to allow them to re-reverse-engineer the "new and improved" Lexar controller prior to the release of the redesigned products. Lexar could then counter that it would significantly impact their business in the near term. In addition, this reverse-engineering, as I understand it, is a painstaking process that depletes manpower that can be employed more productively for new and innovative products enhancements. I see Judge Breyer's current decision to deny relief as very favorable to SNDK. Not only does it allow SanDisk the opportunity to peer into Lexar's IP, it also gives an immediate indication of how threatening or benign the redesign actually is. Is that how you understand the decision, Mike? Also, it would seem that certain requests might begin to wear down the patience of the judge overseeing the case. As a lawyer I have not insight here, but it is only human nature to begin to be perturbed by requests which almost certainly lead to denials. Ausdauer