To: Gregg Powers who wrote (15657 ) 9/28/1998 11:15:00 PM From: Dave Read Replies (2) | Respond to of 152472
Gregg:The same type of outside firm, mind you, that your typical international telecom company would use to evaluate the validity and enforceability of intellectual property rights worldwide. Most patent firms in the country offer validity opinions. Please do not speak for me or attempt to characterize my firm's efforts. Everyone else is, why can't I? Everyone on this board responds to an IPR question stating, "Gregg Powers conducted a study and he said the Q's IPR is just fine." Just b/c you got an opinion doesn't mean anything. I can give anyone an opinion, e.g. Pay your taxes. The opinion you bought meant something for the present, but not the future. References can come up and it is possible that those patents may be undergoing what is called a "re-exam." Do you know what that means? You claim to be expert in patent enforcement yet you seem to misunderstand the nature and breadth of the QC IPR related to W-CDMA. The terms "rake receiver", "power control" and "soft handoff" broadly represent a multitude of technological innovations that are protected by several hundred patents in toto. Check Class 455, I think it is sub 430+. Those subclasses deal with "soft handoff", see there isn't just one, or two, patents in there only assigned to the Q. There are also classes on "power control" As for "Rake Receiver", I have never heard of the term, but will look for it in the morning. Were we given a legal opinion that EVERY patent would stand in all jurisdications? I would hope not. As I have stated, all US Patents have the presumption of validity unless proven otherwise in US Courts. Those cases will go up to the Fed. Circuit. Also, the patent scope and breadth can be challenged by a third party within the US Patent and Trademark Office under what is called a "Re-Exam"in a worse case scenario, the company could tie the deployment of W-CDMA up in court for years...while continuing to sell its IS-95 and wideband cdmaOne solutions unencumbered. yes, but most likely, only in the US.we have yet to see ERICY, or any of its W-CDMA cohorts,attempt to sell ANY W-CDMA solution ANYWHERE in the world. True, but they could be still in testing. Ericy et al. can always argue they are trying to release a bug free product.For the nth time, if ERICY et al could simply circumvent QC's IPR, then there would be no debate, no litigation, no fuss and no muss. All patent applications filed in the US are filed under the presumption of secrecy. No one knows the status, only 'Patent Pending' Ericy et al. could have at this time applications pending. dave