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

To: ohohyodafarted who wrote (66069)	7/12/2007 12:23:07 AM
From: GO*QCOM	Read Replies (1) \| Respond to of 197031

I understood that BRCM would have the door slammed in there face, so they would be SOL.

To: ohohyodafarted who wrote (66069)	7/12/2007 7:13:12 AM
From: rkral	Respond to of 197031

"Can they appeal for some other sort of remedy and drag this out some more, or is this "game end" and they are "just shit out of luck"?" There is still the currently stayed case in Santa Ana over the same three patents.

To: ohohyodafarted who wrote (66069)	7/12/2007 12:03:50 PM
From: Art Bechhoefer	Respond to of 197031

Can they appeal for some other sort of remedy and drag this out some more BRCM has ALWAYS had another remedy -- a favorable ruling from a federal district court (e.g., the case currently in court in Santa Anna). That's the key point. Unlike situations where obtaining compensation from a foreign company could be difficult, a court remedy in this case is the OBVIOUS way to be compensated for the full value of the infringement. In fact, the ITC ruling doesn't give BRCM one penny, as the ITC does not have jurisdiction to apply monetary remedies. It has always been clear that BRCM was using the power management patent SOLELY as leverage to obtain a low cost (preferably free) license to enter the WCDMA chip market, using QCOM patents. That has been the BRCM plan from square one. But now an additional problem has arisen in the form of the Supreme Court ruling in the KSR case. Now there is a distinct possibility that the BRCM patent itself is invalid because it does not meet the new "non-obvious" criteria set by the Court. So the best strategy for BRCM at this point is to try and salvage something -- anything to force QCOM to give them a license on the cheap. I'm pleased that QCOM in effect is giving them the finger. Art