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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting -- Ignore unavailable to you. Want to Upgrade?

To: carranza2 who wrote (54300)	8/9/2006 8:46:32 AM
From: Michael Allard	Read Replies (2) \| Respond to of 196545

I actually like the headline for a change: "Nokia asks court to make Qualcomm charge reasonable fees" Maybe investors will finally understand that this is not an all or nothing game for QCOM; that the issue is not wether QCOM will prosper from WCDMA, but rather how much they will. The issue is what, and who, and how "reasonable" gets determined.

To: carranza2 who wrote (54300)	8/9/2006 8:58:48 AM
From: jackmore	Read Replies (1) \| Respond to of 196545

OTOH, Is there any chance this is a sign that the EC is not going to investigate? And Nokia knows or strongly suspects it?

To: carranza2 who wrote (54300)	8/9/2006 9:38:19 AM
From: qwave	Respond to of 196545

Unfavorable ITC ruling? Why gives you that impression?

To: carranza2 who wrote (54300)	8/9/2006 12:52:28 PM
From: Art Bechhoefer	Respond to of 196545

C2--The Nokia/Q battle is turning into a nasty war of attrition. This looks more like a desparate attempt on the part of Nokia to keep the litigation going somewhere--anywhere, instead of being dismissed outright. Furthermore, as other legal jurisdictions are already sorting out the accusations, Nokia seems determined to avoid dismissal on grounds of "res judicata," or that the matter has already been adjudicated elsewhere. To those who do not have time to study all the ins and outs of the judicial process, the latest move on Nokia's part can only make QCOM stock look worse. On the other hand, once the courts rule on the various issues, it could make QCOM look so much better that we will see a repeat of the Ericsson patent litigation. Thus, the latest news from Nokia should be seen optimistically by those who favor QCOM. Art

To: carranza2 who wrote (54300)	8/10/2006 11:37:36 AM
From: JGoren	Read Replies (1) \| Respond to of 196545

I don't know how broad the jurisdiction of the Delaware Chancery court is, but normally it would exercise jurisdiction over internal corporate governance issues and shareholder disputes with the corporate entity. If the issue of fair licensing is encompassed in any of the other lawsuits, then even if it had theoretical jurisdiction, normally the court would dismiss the case in the interests of comity. Furthermore, it's just not an issue that the court would really have expertise in; I would think a federal court under the commerce clause of the Constitution should be the place of litigation; otherwise, you can have multiple suits in states with differing decisions. Even assuming NOK could get an injunction, it could only be an order: "license on a fair, etc. basis." That's a pretty hard order to enforce. That would require the court to determine a fair royalty and fair other terms. That's generally not something courts are willing to do--set prices and terms of a licensing contract. The court can't make a contract for the parties. With respect to the NOK prayer that no injunction can be obtained by Qcom with respect to NOK violations, this clearly is a matter for the courts that already have the cases to determine. Therefore, that claim should be dismissed for want of jurisdiction or comity; NOK is asking for a complete new litigation of the issues in a Delaware state court. The judges of the Chancery Court have too many pressing cases to waste their time that way.