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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 (76819)	5/2/2008 2:47:28 PM
From: Stock Farmer	Read Replies (1) \| Respond to of 197076

Accordingly, I agree at some point injunction must be available to prevent stick-in-the-mud licensees. Why? Isn't failure to pay the contracted amount actionable? In this case, the issue at trial would be the definition of "Fair, Reasonable and non Discriminatory". Home builders where I live have been sued over the definition of "fair market price", I don't see the difference. The converse problem is that greedy licensors could, via injunction, prevent an implementor from practicing a standard, workarounds to any infringed patent presumably violating the standard. The existence of a standard means that implementors HAVE NO CHOICE but to infringe. So if there is a disagreement and an injunction issues prior to determination of price, the implementor is barred from practicing the standard. One or the other party can cause havoc by unreasonable intransigence. The question is which one should we favor, and why? In the first case, the quantum of damages can be assessed after the fact. In the second case, pretty hard to figure out how well a party would have competed when they didn't run the race, so the quantum of damages can not be assessed after the fact. Therefore, it is obvious in choosing which of two evils we will allow the courts to decide after the fact, we should choose to allow the evil with a quantifiable remedy. Isn't this basic?