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To: mmeggs who wrote (16507)	10/15/1998 5:46:00 PM
From: Dave	Respond to of 152472

mmeggs: There wasn't an injunction on Windows 98, as far as I know, Windows 98 is shipping with Internet Explorer. The comparison is closest to apples to apples as we can come, other than the Anti-Trust action. In fact, generally speaking, the outcome of the trial is usually decided AFTER the trial is finished You suggested that it happens before in North Korea, how about in Europe? I don't know what the legal standard is to grant an injunction, but it probably has something to with "reasonable man" or "more likely than not", or "clear and present danger", or "substantial economic harm", or something like that. Clearly, the possibility exists. You are correct. However, they have to clearly prove that allowing the other product to sell will hurt them. Did you know that Data Race sued Lucent Technologies over some sort of phone. Lu, at first, denied that Lu was infringing on Data Race's patent wrt this phone they were going to sell and, furthermore, were still going to market it. A few weeks ago, Lu decided not to sell the phone. See: Data Race Sues Lucent Technologies, Inc.; Seeks To Prevent Lucent From Marketing Integrated Voice/Data Products biz.yahoo.com The Company seeks unspecified damages and a permanent injunction prohibiting Lucent Technologies from violating the Company's intellectual property rights. The Company is also asking the Court to issue a preliminary injunction prohibiting Lucent from marketing and selling the Virtual Telephone system. Filing for a preliminary injunction is stage one of a patent infringment suit. While litigation may be costly and is the least preferred route, it beats the heck out of giving away the keys to the kingdom for some beads and a little whisky. Many companies have made good money from licensing agreements. Texas Instruments comes to mind as one. Rambus is trying to make money soley on royalties. dave