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

To: Rocky Reid who wrote (15929)	10/24/2000 2:45:34 AM
From: rjk01	Read Replies (1) \| Respond to of 60323

Court Rules SanDisk Must Stand Trial On Fraud, Patent Misuse and Unfair Competition Business Wire - Tuesday, October 24, 2000 FREMONT, Calif.--(BUSINESS WIRE)--Oct. 23, 2000--Lexar Media, Inc. (Nasdaq:LEXR), today announced that the Northern District of California has ruled that SanDisk (Nasdaq:SNDK) must stand trial on Lexar's claims of fraud, patent misuse and unfair competition. "SanDisk claims that its patent covers all CompactFlash cards and they appear to be seeking a royalty from every manufacturer of those cards. Yet they have always promoted the CompactFlash standard as an open one. If SanDisk's '987 patent is as broad as they believe it is, then it should have been disclosed to the industry standards-setting bodies such as the Personal Computer Memory Card International Association (PCMCIA) and CompactFlash Association (CFA) at the time of the standard's development," said John Reimer, President and CEO of Lexar Media, Inc. "We believe that this anticompetitive behavior is harmful to the entire industry. We are also pleased that the Court will review SanDisk's patent misuse which includes our allegations of unlawful tying whereby SanDisk has refused to license the '987 patent unless the licensee purchases flash memory from certain SanDisk designees. We therefore look forward to not only the Court's review of the validity of SanDisk's patent, but also the manner in which it was obtained." The judge has rescheduled the trial to November 6, 2000. The trial was originally scheduled to commence on October 23, 2000.

To: Rocky Reid who wrote (15929)	10/24/2000 2:57:57 AM
From: Craig Freeman	Respond to of 60323

Rocky, how right you are! Lexar has a few IPO bucks in their pocket and they are playing those dollars out through their lawyers ... bigtime. In my experience, you can win against such an opponent but you have to play the game inverted. Tell your lawyers that "I don't care what it costs, I will never give up ... never give them a penny .. and I want you to go after those guys with everything you have ... until the last drop of their blood is laying on the coutroom steps". When the opposing counsel gets a sniff of that news over lunch with your attorneys, they bail out. Why? Attorneys hate to lose and -- if you will NEVER give up -- there is no hope of winning in the U.S. legal system. So ... the opposition goes off to find easier game.. When it comes to the U.S. legal system -- the first to blink ... loses. IMHO, SNDK hss already won and should ask the courts for a bond from Lexar covering their potential damages. That would would put Lexar on the defensive and give notice to their lawyers that something is amiss. Otherwise, LEXAR's next suit may be about whether SNDK has provided substandard toilet paper to visiting attorneys. Craig