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

To: Jim Mullens who wrote (61607)	3/28/2007 10:30:17 AM
From: slacker711	Read Replies (1) \| Respond to of 197545

4. The mere fact that the injunction remedy is considered , and a QCOM “loss” in the BRCM skirmish, establishes the precedent to win the war against NOK via the injunction use. Why wouldnt the dozens of other ITC cases apply as a precedent? From the stats that were sited in this blog, it seems that the ITC's almost automatic response to patent infringement is to give an injunction. Qualcomm is attempting to be an exception to the established rule. Message 23400386 Unlike district courts, under Section 337(d), the ITC is will issue an exclusion order when it finds that an infringer has violated Section 337 unless, “after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry." As an empirical matter, a determination that an exclusion order is "not in the public interest" is rare: the ITC has found an injunction to be inconsistent with the public interest in only three of 113 patent cases studied. If Qualcomm does manage to win this case, it should have very little impact on any possible Nokia injunction. The "public interest" is far more likely to be damaged by an injunction against Qualcomm's chipsets than one against Nokia's handsets. It would be far easier for operators to find substitutes for Nokia's handsets than for handsets with Q chipsets. This is not a win-win for Qualcomm. Slacker