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


To: JGoren who wrote (61656)3/29/2007 10:12:58 AM
From: Qgent  Respond to of 197323
 
JG, Nokia has never had a GSM license so this isn't part of the renewal option. A injunction for gsm handsets may be very real and well before 08, if we can ever get this case back on track.

I think it is the boards consensus that the trial was stalled do to arbitration, any idea when we can expect a ruling on Nokia's Estopid defense in arbitration?

IMHO, this is our strongest leverage and tilts the game in our favor, if Nokia is found to infringe our GSM IPR. In this very possible scenario we can turn a stalemate into a checkmate.

Qgent



To: JGoren who wrote (61656)3/29/2007 11:17:44 AM
From: Glider05  Read Replies (2) | Respond to of 197323
 
Has it been considered on this board that perhaps Q will take that position that if Nokia infringes, they have violated the agreement, thereby given up Nokia's right exercise the option?



To: JGoren who wrote (61656)3/29/2007 12:22:27 PM
From: waitwatchwander  Respond to of 197323
 
Maybe they should just drop it all in the lap of Judge Brewster. He's pretty good at sorting wheat from chaff. My only fear is that the buck (or euro) just gets pass around the globe virtually transmating the shooting match into an impervious black hole. It might make for an interesting reality series on MediaFLO but hopefully, the more important folk don't see it that way.

I like your tying together of seeking an injuction resulting in waiver, at least that way, stopping real work has escalating consequences.



To: JGoren who wrote (61656)3/29/2007 3:25:07 PM
From: lml  Respond to of 197323
 
I still think that it is unlikely that Qcom would be successful in obtaining an injunction against NOK before the option period expires.

Completely agree with you on this point. Have stated same before. During option period, following expiration of existing agreement, Q's exclusive remedy should be damages should NOK continue to use IP but fail to pay royalties under agreement even though agreement expiration has passed. So long as NOK has opportunity to cure infringement by exercising option before end of option period, can't see court issuing an injunction. Legal remedies seem perfectly adequate in this situation.