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To: Dave who wrote (16856)	10/21/1998 8:37:00 AM
From: Jeff Vayda	Read Replies (2) \| Respond to of 152472

Dave, agree 'capitulates' is too strong. As you and others have implied - sucks to be them right now. Ericy has seriously weakened their hand. To charge off and claim infringement in 11 areas and then 2 years later, as the trial date draws near, to say 'oh uh, forget 8 of those.' is weak to be sure. The most telling fact of all this in my mind, is the comment that no one has seen fit to license W-CDMA from Ericy. Surely if they were serious about this technology and their ability to produce it, they would be farther along with the agreements. If for no other reason than to hold up to the world and say "See X thinks this is the way to go also." The fact that this has not happened reinforces my opinion that Ericy is just trying to impead the Q. They started out in denial of the claims of CDMA. Now it would appear that hubris is the driving force behind their actions. Ugly thing pride. Jeff Vayda