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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?


To: JGoren who wrote (17170)10/26/1998 9:11:00 AM
From: Jim Lurgio  Respond to of 152472
 
As Dave suggested the amount of hours that the legal minds from ERICY and QCOM have spent examining this IPR issue is staggering . Not having any legal expertise to afford an opinion of who's right and who's wrong I find myself favoring the mass of licensees that QCOM has . Could all 58 licensees and their legal departments been fooled by QCOM ? The average person I think would go with the flow.

ERICY and Mot both have had legal issues over CDMA and GSM/TDMA in the USA. Seems these two companies just can't come to terms with anyone when it comes to technology. IDC Vs ERICY is still pending while IDC Vs Mot has ended .

Should the QCOM Vs ERICY case go to court we must hope it isn't by jury trial as was the IDC Vs Mot case. When the jurors went out to reach a verdict one juror asked to have the judge explain some technical term to her. She asked him what was the difference between a land line and a cellular phone. Imagine having much of the future of a company's credibility pending on a group of jurors like that. Well Murphy's Law prevailed and Mot won.

Even if the Q lost in the USA I'm sure proceedings would continue in the European courts as IDC decided on. The TDMA patent over there was protested by Siemens/Alcatel and Philips which all finally withdrew during the appeal process making the patent valid. The German Supreme court decision was handled much differently than the proceedings in the USA. The three judges handling the case have technical expertise and if they don't understand something of the issue they call in experts to get their views.

After 7 years of legal battles over this TDMA patent issue ERICY still may challenge in the USA. The very same patent they are challenging here was issued to IDC in by the Sweden patent office under the protest of ERICY.

Even if ERICY won in the USA as Mot did over IDC the decision would only effect product sold in the USA which is a small market compared to the rest of the world. I believe the German decision for IDC will eventually make ERICY come to terms and the case will never go trial in the USA.

I also believe some agreement will be had in this IPR issue , but that's my feelings having nothing to base it on other than the 58 companies legal departments that have decided the patent portfolio was valid.