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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?


To: BDAZZ who wrote (144536)8/25/2006 6:20:46 PM
From: rkral  Read Replies (2) | Respond to of 152472
 
Nokia's estoppel defense

It's hard to pick the most pertinent sentences, but I'll go with these ...

"Nokia's estoppel defense is "related to" the 2001 Areement in two important respects. First, the events giving rise to the estoppel defense occurred during the negotiation and performance of the 2001 Agreement. The 2001 Agreement was intended to establish "patent peace' between the parties for all patents in their respective portfolios at that time. During the negotiations, Qualcomm was clearly aware of each of the patents it now asserts in this action."
edisweb.usitc.gov (pg. 18)

I had to laugh out loud at this quote from another case ...

"Where there is "clear and unmistakable evidence' that the parties intended to arbitrate the issue of arbitrability, "a court must defer to an arbitrator's arbitrability decision."" (pg. 15)

... because it sounded like "a fox guarding the henhouse" scenario.