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To: Ausdauer who wrote (15915)	10/23/2000 10:24:30 PM
From: Craig Freeman	Read Replies (1) \| Respond to of 60323

Ausdauer, re: "Anyone have a rough idea how long a patent nullification trial can go on?" The correct answer is ... "forever". If a defendant has the resources, there is now end to a trial. It can go on beyond the statue of limitations (typically seven years) as they appeal and reappeal. If and when the matter gets to the Supreme Court and the Defendant loses, he simply files a new action at a lower level and starts the matter over from the beginning. In the U.S., a man with enough money could rape a nun on the pitcher's mound during the world series -- in front of 100,000 live winesses and 50M TV viewers -- openly admit to the crime -- and still stretch the trial out for decades. Craig

To: Ausdauer who wrote (15915)	10/24/2000 3:00:36 AM
From: The Prophet	Read Replies (1) \| Respond to of 60323

Injunctive relief is a remedy which SNDK may seek should they prevail at trial - they need not file separately to obtain such relief.

To: Ausdauer who wrote (15915)	10/24/2000 9:28:17 AM
From: Art Bechhoefer	Read Replies (1) \| Respond to of 60323

This trial could go on for a very, very long time for two reasons: First, Lexar has made some recent motions that create factual disputes that require a trial on the facts. Second, the most recent Lexar motion claiming that the 987 patent can not carry as broad coverage as SNDK desires suggests that Lexar wants to prevent the court from granting a preliminary injunction that would prevent Lexar from further sales. If no injunction is granted, then theoretically Lexar can go on selling flash cards as long as it takes to get a trial court decision. The longer it takes, the more money Lexar can make in the interim, especially since the demand for flash cards is increasing at a very fast pace. The wording of the Lexar news releases is very revealing. It shows that Lexar, through its attorneys, will engage in every possible tactic to beat down the opposition. SanDisk undoubtedly recognized this would happen, indicating in the most recent conference call that it was setting aside some money to fight this war.