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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 (61112)3/19/2007 1:01:54 PM
From: JGoren  Read Replies (1) | Respond to of 197008
 
So, if you sign on to FRANDLY and you're obligated to license a patent put in a standard, then the first time you license you've exhausted and NOK can freely use from then on. Another, We can steal it theory?

BMO Capital Markets put out a report that opines

5% chance of broad exclusion of importation of chips and handsets into US (would have major impact on Qcom's domestic revs);

15% chance limited exclusion of chips in which the software is installed--moderate impact to Qcom as the carriers and handset manufacturers would have to re-program the chips with a Qcom software workaround or turn off the sleep mode;

85% chance ITC will follow the ALJ's recommendation which was no downstream remedy, no injunction against importation.

I have also been informed that the software fix ought to be pretty easy to do thereby bypassing BRCM's patent altogehter.

What BRCM is asking for is Draconian remedies that actually increase the cost of avoiding its patent when there are farily easy, relatively small cost fixes if you can bring the product in and do the fixes (I assume on the fly wirelessly) from the carriers. Under traditional injunction analysis, one would normally not impose an injunction if there's another, less costly way.