GLG News by Mr. Douglas Lichtman, Professor of Law
GLG News is now G+ Insights
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G+ is a community for professionals, academics and entrepreneurs to connect through online discussions and in-person meetings. You will continue to see G+ Insights (formerly GLG News) here as well as on the G+ website, where you can share and discuss the G+ Insights you read.
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BYI v. IGT: Jury Trial Approaching
August 29, 2008
Bally Technologies F4Q08 Transcript | seekingalpha.com
Two weeks ago, IGT and BYI were offered the chance to delay their litigaiton over IGT's wheel-based bonus gaming patents and instead embark on a court-facilitated mediation. This week, the parties passed on that opportunity, thereby moving that much closer to a jury trial this coming October.
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QCOM/BRCM: QCOM Gains Ground in the ITC Appeal
July 30, 2008
Audio from Qualcomm ITC Hearing | oralarguments.cafc.uscourts.gov
With the Nokia fight now resolved, QCOM's primary litigation issues all involve Broadcom. The most pressing of those is QCOM's pending attempt to reverse its loss last year at the International Trade Commission. On that, recent events bode well.
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BRCM v. QCOM: The Santa Ana Patent Case Up on Appeal
July 30, 2008
Audio from Broadcom v. Qualcomm Federal Circuit Appeal | oralarguments.cafc.uscourts.gov
There are two big BRCM/QCOM cases rapidly moving toward their final scenes: the ITC case, which I discuss in a previous post; and the Santa Ana patent case, where BRCM asserts three patents. Earlier this month, the Federal Circuit heard the appeal in the Santa Ana case; and if they heard the issues the way I did, QCOM gained considerable ground, in particular on the '686 patent.
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RIMM Works the Patent System - Finally
July 30, 2008
RIMM Gets a Delay in VISTO Patent Trial | www.informationweek.com
A few years back, RIMM was the poster child for a firm whose procedural decisions cost it a fortune. Back then, the problem was that RIMM challenged NTP's patents, but did so too late, such that RIMM lost its court case before the Patent Office had enough time to reevaluate and ultimately call into question the patents. Fast forward to this summer, however, and RIMM has learned its lesson. RIMM has succeeded in challenging Visto's patents early enough such that the Visto patent case has been stayed and thus the Patent Office can do a full and final review.
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July 30, 2008
Transcript of RAMBUS Q2 2008 Earnings Call | seekingalpha.com
Earlier this month, Judge Whyte announced that he would hold a hearing in late August to evaluate whether the QUANTA decision out of the Supreme Court has any impact on the pending Hynix remedy. Hynix's lawyers think it does. I disagree.
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June 26, 2008
Tessera Says USPTO Rejects Some Claims In Patent Case | blogs.barrons.com
With the '419 patent now back for another few months of patent review, Tessera has a clean shot at two big legal events: resolution of the Amkor arbitration, and an initial decision from the ITC. The scary part: almost everyone seems to expect that TSRA will win both.
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UTStarcom v. Starent: Decision Looming in July
June 26, 2008
Starent Reports 1Q Financials | www.starentnetworks.com
The litigation between Starent and UTStarcom will take an important turn in the next four weeks, as the Court will likely definitively rule on whether UTStarcom's (admittedly vague) allegations suffice to keep the bulk of its trade secret case alive.
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RMBS: The Injunction is Not the Issue
June 26, 2008
Rambus wants Hynix to Stop Selling Chips in the U.S. | sanjose.bizjournals.com
The Internet has been abuzz this week with gossip and assertions about the likelihood that Rambus will get an injunction against Hynix. That analysis misreads the fight. On the merits of the patent dispute, Rambus will either get its injunction or get significant cash damages; either is a big win for the firm. The real question is whether that order will stand up on appeal.
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The Supreme Court's QUANTA Decision: Non-Issue for QCOM
June 26, 2008
Supreme Court Decision: Quanta v. LG | www.supremecourtus.gov
The investment community has been quietly waiting to see if the Supreme Court would decide the QUANTA case in a way that could disrupt QCOM's licensing practices. But the decision turns out to be a complete non-event. As long as QCOM is careful, it can continue to license its patents using the exact two-part pricing strategy it has employed for years.
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VISTO v. RIMM: Two Months Left
May 27, 2008
Microsoft's settlement with Visto may be negative for Research in Motion | www.zibb.com
The last time RIMM faced a serious patent challenge, both the patent bar and the investment community were sharply focused on the fight and its long-run implications for patent law as well as RIMM itself. This time, the Visto case looms, but with very little hang-wringing apparent in either community thus far.
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TSRA: A Small Win, But Patience Still Required
May 27, 2008
Tessera's Triumphant Patent Protection | www.forbes.com
The market applauded this week when TSRA announced a patent settlement with one of the many firms that stand accused of infringing Tessera's beseiged patent portfolio. But no one ought count their chickens yet. The path toward championing TSRA's patent portfolio is path that favors the company, but it remains long and bumpy.
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BYI v. IGT: Antitrust Bifurcation Denied as the Case Moves Toward Trial
May 27, 2008
Game Maker Finds Ways To Sidestep Gambling Industry Downturn | biz.yahoo.com
The on-going wheel-bonusing litigation between Bally and IGT will come to a head this November; and, thanks to a recent ruling by the judge, the same jury will hear not only the patent issues but also BYI's antitrust allegations.
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QCOM: With Documents Flying, the Delaware NOK Showdown Looms
May 27, 2008
5 Reasons To Own Qualcomm - Oppenheimer | finance.boston.com
Commentators continue to predict that settlement is around the corner for NOK and QCOM; but the reality of the Delaware case is that it is just another bend in the road, rather than being any serious settlement opportunity.
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April 29, 2008
Qualcomm offers a sunny outlook | techland.blogs.fortune.cnn.com
As much as everyone yearns for closure, the reality of the QCOM/NOK fight is that we still have years on the clock.
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TSRA: It's Not AMKR, but the '419
April 29, 2008
Tessera Provides Update on Legal Actions | biz.yahoo.com
Tessera continues to focus public attention on its arbitration with Amkor. But the real action these next few months will not come from that corner. Instead, the real action is going to be the looming final decision about TSRA's '419 patent.
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April 29, 2008
Court overturns government's ruling against Rambus | biz.yahoo.com
Rambus has scored two big legal victories over the last few weeks. Now, all eyes turn to the summer, where three more big legal events could determine the firm's fate.
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Bally v. IGT: Should we expect settlement?
April 29, 2008
Bally Technologies to Report Third Quarter Fiscal 2008 Results | biz.yahoo.com
The litigation between Bally and IGT is nearing its conclusion, with all three pending cases now set for trial sometime between October 2008 and February 2009. The likelihood that any of those juries actually sit, however, is small. The way the cases have played out, there is tremendous room for settlement as the cases reach the end of the wire.
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For Tessera, Investors Focus on the Wrong Fights
March 25, 2008
Tessera counts on reversal of patent decision, fortunes | www.reuters.com
Tessera's stock has been thoroughly trashed the last five weeks, in large part because the investment community saw one of TSRA's ITC cases temporarily derailed. The next few days should bring a reprieve with respect to the ITC; but the real action is happening elsewhere in Washington: in publicly available filings at the Patent Office.
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March 25, 2008
U.S. court leaves ban on Qualcomm selling some chips | biz.yahoo.com
There was little reaction to the news last week that the Federal Circuit would not stay the pending BRCM injunction against QCOM. But make no mistake: the BRCM fight is going poorly for QCOM, and there will be enormous pressure on QCOM to cut a deal later this year.
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Microsoft's Decision to Settle with Visto Hurts RIMM
March 25, 2008
Microsoft, Visto settle mobile e-mail patent dispute | www.news.com
Microsoft's recent settlement of its patent dispute with Visto obviously had implications for those two firms; but the settlement also hurt RIMM in its attempt to make Visto cut a deal.
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