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


To: John Carragher who wrote (72945)1/2/2008 11:20:25 AM
From: Art Bechhoefer  Read Replies (1) | Respond to of 196947
 
brcm and nok could be hurt real bad for frivolous suits if proven

A frivolous suit is one having no basis in law or in fact. The decisions so far show that both the law and the facts are still in question. Therefore, if there is ANY basis for a suit, the law allows it to go forward.

A better possibility is a lawsuit charging interference with business by making false or misleading accusations that resulted in customers switching to a different supplier or product altogether because of fears about the QCOM products or IP.

The real problem here is the conduct of the litigation by QUALCOMM's supposedly expert legal team. Their actions, or lack thereof, destroyed credibility, damaging the company and its shareholders. I'd like to see a big malpractice suit against the lawyers who screwed up, but the problem here is that we don't know whether anyone at QUALCOMM misled the lawyers.

Art



To: John Carragher who wrote (72945)1/2/2008 11:37:47 AM
From: Stan  Respond to of 196947
 
John, there is no possibility of a finding of a "frivolous" lawsuit. The jury found violations, and the judge has upheld the jury's findings. Even if the jury had found against Broadcom, the judge saw enough merit in the claims to allow it to proceed to a jury verdict. Methinks that sometimes some posters on this Board have blinders on. I recall some of the posts speculating that Broadcom had no chance of obtaining an injunction after the willfulness argument went away. It is just not possible to speculate with any certainty what a judge well do. That is why settlement is always the best course of action.