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

To: lml who wrote (61630)	3/29/2007 12:55:09 AM
From: JGoren	Read Replies (3) \| Respond to of 197328

Here is why I think it's no-lose proposition for NOK. If Nokia exercises the option at the last minute, then it would probably relate back to April 9 and there can be no punitive damages. At least, if I were NOK I would argue that, and I just don't think the courts will want to bother with punitive damages, because by the time they get to that, the option would be excercised. I would argue the issue is moot. For the same reason, the US courts probably won't issue an injunction; they will wait and see. I doubt if Qcom could even get a prospective determination, that as of December 31, 2008, NOK is enjoined. Now, Qcom doesn't have that option, so NOK will press for injunctions against Qcom.. But, I would assume if NOK raises the option as a reason for lack of ripeness or other defense, the US courts would say that NOK is not entitled to an injunction by estoppel by its own defensive measure assuming that the cross-license Qcom has will cover its patent usage of NOK patents. Therefore, NOK would try to get an injunction in the foreign courts but they may not act either. In other words, injunctive action after April 9 is likely to result in a stalemate. That's why it's a no-lose proposition.