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


To: talksfree who wrote (54628)8/17/2006 6:13:31 PM
From: JeffreyHF  Read Replies (2) | Respond to of 196481
 
Re: corporate press release

An official corporate press release is unquestionably, and inherently, made with the real and/or apparent authority and knowledge of the highest executive level of management of the company, and constitues an admission. As such, in most jurisdictions it is a hearsay "exclusion", and in the others, it constitutes a hearsay "exception".
As for Slacker`s point, courts only have jurisdiction to hear "ripe" cases and controversies. Nokia has asked the Delaware Court of Chancery to define and enforce Qualcomm`s obligation to license its essential GSM and UMTS IPR in conformity with FRAND principles. A condition precedent to that obligation is the existence of such IPR. As the Delaware litigation is not a patent suit, the existence of IPR subject to FRAND terms must have been implicitly conceded.



To: talksfree who wrote (54628)8/17/2006 9:47:16 PM
From: GO*QCOM  Respond to of 196481
 
<Even if it is given some weight, it will be viewed in light of ALL the other evidence presented by Nokia, and therefore will get lost in the case.>The statement is incriminating to Nokia and also it gives a peek at Nokia's strategy for negotiation. They are clearly desperate and up against a wall. I do not believe It matters much what a judge or court might do with admission of evidence. Usually in the large majority of these cases 90 percent or more settle out of court and a judge or court never gets its decisions in on the evidence. The significant aspect of the statement comes with the realization of Nokia opening a door to QUALCOMM for negotiation and the realization of QUALCOMM that they have them by the balls. I am not an attorney but this is the view from one who has been involved in litigation.BWTFDIK