To: JMD who wrote (11590 ) 6/17/1998 12:56:00 PM From: DaveMG Respond to of 152472
Here's the Q press realease on the MOT lawsuit: QUALCOMM Announces Win in Motorola Lawsuit - Production of "Q" Phone to Ramp Up - SAN DIEGO - April 24, 1997 - QUALCOMM Incorporated (NASDAQ: QCOM) today announced that the U.S. District Court for the Southern District of California decided in QUALCOMM's favor by lifting a temporary restraining order and denying a preliminary injunction requested by Motorola. The Court's ruling clears the way for commercial production and sale of QUALCOMM's "Q" phone. The ramping up of production of QUALCOMM's 1900 MHz Code Division Multiple Access (CDMA) PCS "Q" phone was immediately resumed as a result of this decision. "We are delighted that the Court has agreed with our position that the 'Q' phone is a distinct product and that we should not be enjoined from producing it," said Dr. Irwin M. Jacobs, chairman and CEO of QUALCOMM. "QUALCOMM prides itself on its innovation and the ability of its creative team to bring unique products to market rapidly." "We are immediately resuming preparation for production to meet the requirements of our customers," said Dr. Paul E. Jacobs, president of QUALCOMM's Subscriber Products Division. "This decision is a win for consumers who will soon be able to purchase the world's smallest CDMA digital PCS phone." The Court found that there are significant differences between the QUALCOMM "Q" phone and the design of the Motorola StarTAC phone, and that Motorola has no likelihood of success on the merits of its claims of design patent or trade dress infringement. In so finding the Court noted, among other things, that "the 'Q' phone presents a sleeker, streamlined appearance" as compared to the "box-like appearance" of the StarTAC design patent, and that Motorola is not entitled to monopolize a functional shape like a clam-shell phone. The Court also referred to the apparent taking of QUALCOMM's proprietary information by Motorola, saying it "takes a dim view of the actions of Motorola in handling this situation." The Company noted, however, that the Court's ruling in favor of QUALCOMM is only a preliminary determination pending trial or possible appeal. The Court will set a trial date, anticipated by the Company to be some time next year. QUALCOMM's Personal Communications Services (PCS) 1900 MHz "Q" phone is the smallest and lightest CDMA phone in existence, weighing in at approximately 5 ounces. Designed with frequent wireless users in mind, the "Q" phone offers the convenience of a small phone plus delivers the advanced performance of a complete wireless information appliance. The new "Q" phone supports instant wireless access to information previously available only from computing devices, including meeting schedules, airline reservations, stock quotes, weather reports, movie listings and sports scores. The "Q" phone is expected to become commercially available during the summer of 1997. The hallmarks of every QUALCOMM CDMA digital phone include crystal clear voice quality, enhanced privacy, fewer dropped calls, and longer talk and stand-by times. The Company also noted that the Court denied the Company's request for a preliminary injunction to prevent Motorola from communicating its claims of utility patent infringement to potential customers.