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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 (76755)5/1/2008 9:08:07 AM
From: Stock Farmer  Read Replies (1) | Respond to of 197056
 
The question in this case is what is "conduct"?

The "use" of a patent is an interesting theory. I am weak on this. My understanding is that a patent is a right to the holder, whereby if the method of the patent is practiced by a party not holding the patent, that party is liable under civil law to a host of consequences including injunction.

Onus is on the holder of the patent to prove that the party accused of infringement upon the patent is indeed infringing. Which has not yet occured. Specific defenses are available.

Qualcomm will have to demonstrate part performance by Nokia of the contract. Unfortunately [redacted].

Makes it hard to call the ball on this one.