SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Non-Tech : Any info about Iomega (IOM)? -- Ignore unavailable to you. Want to Upgrade?


To: sheila rothstein who wrote (50012)3/14/1998 6:09:00 PM
From: Richard James  Respond to of 58324
 
Thanks for checking regarding Canadian Courts. The law in both the US and Canada as to preliminary injunctions is about the same, but I am United States Ninth Circuit regarding patent infringement cases.

The Iomega/Nomai case is before a Ninth Circuit District Court.

As I understand what the law was 20 years ago, the 9th Circuit is predisposed not to grant preliminary injunctions for alleged patent infringement because the probability of ultimately proving a patent infringement is slim, patents are monopolistic in nature, and extremely serious damage may result to the defendant even though it ultimately prevails at trial.

Consequently, Iomega faces a higher burden of proof than it would if the preliminary injunction were being sought in another type of lawsuit.

I agree with you about in so far as not making a long term buy or sell decision on the outcome of an application for an injunction, but I believe the ruling will have a significant short term effect on the share price and I think I have correctly anticipated the ruling.

BTW, it is my understanding that the reason the Amsterdam Court's preliminary ruling went against Iomega has something to do with the European Communities more extreme anti-monopolistic (some might say socialistic) directives. Consequently, I wouldn't expect the Amsterdam ruling to indicate the outcome United States litigation.

Have a great weekend.

Richard James