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

To: rkral who wrote (61047)	3/17/2007 8:04:22 AM
From: JeffreyHF	Respond to of 197227

Re: the video compression case I agree that the jury findings of non-infringement and patent validity would stand. However, if the case were settled prior to Judge Brewster`s Opinion as to whether or not to adopt the advisory portions of the verdict, Qualcomm would not have received an adverse Judgment as to inequitable misconduct and standards abuse. That would allow Qualcomm to still assert those patents against other infringers, if it could be proven that their products intersect the subject patents.

To: rkral who wrote (61047)	3/17/2007 9:43:14 AM
From: carranza2	Read Replies (1) \| Respond to of 197227

No, ron, no. The jury's only binding finding was that the patent was valid. It's advisory, non binding finding, was that, though valid, the patent was unenforceable because of inequitable conduct. In order to make the finding of inequitable conduct binding, the judge must make an independent determination or adopt the jury's finding. There have been hearings before the judge on the issue which took place earlier this month. He has not ruled, but the length and extent of these hearings suggests that he is not going to rubber stamp the jury's advisory finding. I'd say the chances that Judge Rudi will not find inequitable conduct are good, but this is simply educated guess work. The pending ruling is no doubt a huge obstacle to an overall settlement.