GLG News by Mr. Douglas Lichtman, Professor of Law
GLG News is now G+ Insights
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Rambus Update: Worry about the EC
October 29, 2007
Rambus Says Senior Legal Advisor Resigns | www.reuters.com
Rambus just announced that one of its senior legal advisors has left the firm. No wonder. Rambus has been struggling with the same legal issues for years now; and with the EC now digging into that same mess, the end is nowhere near in sight.
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QCOM/BRCM: New Trial Unlikely in Santa Ana
October 17, 2007
Judge May Grant QCOM a New Trial | biz.yahoo.com
There is significant confusion in the press over the status of the BRCM/QCOM dispute in Santa Ana. The simple summary is that BRCM right now faces a choice: delay the final decision and have a chance at an extra $20M, or accelerate to a likely injunction but waive any right to that extra cash. My suspicion? BRCM will waive.
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BYI v. IGT: IGT Moves for Summary Judgment
September 27, 2007
Bally sues IGT over new spinning wheel patent | www.gametechsummit.com
IGT just filed for summary judgment in one of its patent disputes involving rival BYI. The motion is clever, but I suspect that it will fail, because IGT's motion requires the court to skip several analytical steps that the court should not be willing to skip.
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QCOM v. BRCM: Why Willful Infringement is a Red Herring
September 27, 2007
Broadcom Wins One Battle in the QCOM War | www.thestreet.com
The analyst community has paid significant attention to the fact that the Santa Ana court is now reopening the BRCM patent case to rethink the question of whether QCOM's infringement was willful. The interest is misplaced. The original willfulness determination was important to understand because it was a signal of how things would go with respect to injunctive relief. This round is largely irrelevant, with only a few weeks and $20M on the table.
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Rambus: Another Step Toward the January Trial on JEDEC
September 27, 2007
Rambus Reply Motion re: FTC Findings | investor.rambus.com
One of the concerns facing Rambus as it prepares for trial this January is the worry that the court will simply defer to the FTC's factual conclusions about Rambus' behavior at JEDEC and the implications thereof. This week, that risk was diminished, as the court not only declined to defer, but also implicitly suggested that some previously settled facts were again up for grabs.
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Implications of the Third Circuit Decision
September 6, 2007
QCOM Wins Antitrust Appeal Against BRCM | www.reuters.com
The Third Circuit has reinstated significant parts of BRCM's antitrust case against QCOM. In this post, I sketch some implications of that decision.
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Align v. Ormco: Some Implications of the Recent Federal Circuit Ruling
August 30, 2007
Align Tech Says Appeals Court Agrees Ormco Claims Invalid | www.reuters.com
Last week's decision in the Align/Ormco appeal is hard to parse, and indeed on first blush might look like a win for Ormco. A more careful analysis, however, reveals that Align's charaterization is closer to right: Ormco "won" a few claims, but those wins are far from strong, and they were paired with losses on other issues that are not only more significant but also more surprising.
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Amgen v. Roche: Jury Trial About to Begin
August 28, 2007
Amgen Files Lawsuit Against Roche for Patent Infringement | www.amgen.com
The long-awaited patent case over EPO is about to start. Amgen's core challenge will be to show that Roche's CERA is indeed an EPO variant that falls under Amgen's remaining EPO patents. Roche on the other side will try to show that CERA is different enough that it ought not be considered to fall within the patents' scope. My prediction: Amgen will win.
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The Implications of a Possible Santa Ana Retrial in QCOM v. BRCM
August 28, 2007
QCOM could retry some counts in BRCM case | www.reuters.com
A few days ago, the judge in Santa Ana invited QCOM to petition for a new trial on the question of whether QCOM's infringement of the relevant BRCM patents was willful. QCOM might as a result get a fresh shot on willfulness, but make no mistake: the original ruling is still important as a signal of how the judge is likely to rule on the injunction.
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August 23, 2007
EU Accuses Rambus of Patent Ambush | biz.yahoo.com
The European Commission came out yesterday and announced tentative charges against Rambus over that firm's involvement with the standard-setting organization JEDEC. The company downplayed the new allegations as if they are mere repeats of charges already addressed by the FTC. But the EC allegations are in my view significantly more important than Rambus lets on.
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August 7, 2007
QCOM takes hit from legal setbacks | www.marketwatch.com
The last few days have brought yet another flurry of headlines in the BRCM/ QCOM litigation. In this post, I run through some of the bigger surprises and their implications.
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Implications for QCOM of the Verizon Settlement with BRCM
July 23, 2007
Qualcomm Views License Deal Between Verizon Wireless And Broadcom As Positive | www.rttnews.com
Last week brought the surprising news that Verizon, on the side, had managed to craft a comprehensive patent settlement with Broadcom. Below, I survey some implications of that deal for QCOM.
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How Strong is Sandisk's Patent Portfolio?
July 17, 2007
Sandisk: ITC Initial Determination Issued | www.allbusiness.com
Sandisk has long emphasized the strength of its patent portfolio. Yet those claims are hard to square against a recent loss at the ITC and an at-best odd settlement last month in a Texas court.
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July 16, 2007
Visto Sues RIM for Patent Infringement | www.networkworld.com
Investors in RIM remember full well the patent fight with NTP. Now on the horizon is a second significant patent litigation, this time with patent holder and competitor Visto.
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TSRA: An Important Fight at the ITC
July 13, 2007
Tessera Provides Update on Actions to Protect IP | biz.yahoo.com
The ITC is poised to decide whether to move forward with Tessera's requested investigation of possible infringement by Qualcomm, Motorola, STMicro, and others, or whether instead to freeze the proceedings and wait for the Patent Office to finish at least some of its review of the relevant patents. The stakes are significant, given that Patent Office review can easily take years, and Tessera's patents have only a short term remaining.
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June 27, 2007
Troubles Cast Shadow on Limelight's IPO | www.thestreet.com
Limelight's IPO is only a few days past, but the shine is already off, and with good reason. Limelight is likely to lose an important patent fight in the next few weeks, and that loss could severely cripple the business.
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June 14, 2007
Sandisk's ITC Determination | ce.seekingalpha.com
SNDK lost a second case at the ITC this month, again failing to convince the ALJ that STMicro infringes any valid Sandisk patent. That has implications for SNDK's relationship with STMicro; but, more importantly, it rightly ought to leave everyone wondering about the strength of SNDK's patent portfolio, and nervous that SNDK might now have to face STMicro's most dangerous suit: the long-delayed but now entirely viable case over who owns SNDK's patents in the first place.
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Limelight IPO: Patent Litigation Makes Timing Suspicious
June 4, 2007
Limelight IPO | www.limelightnetworks.com
Limelight's IPO looms on the horizon, but, from a patent perspective, the timing is suspicious at best. Limelight's bet-the-company patent litigation with Akamai is about to hit a huge and significant milestone. But the timing, obviously influenced heavily by insiders, is such that the IPO will happen first, then days later the patent case will become a whole lot clearer.
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Nokia v. QCOM: Delays in Delaware
June 4, 2007
Nokia: Qualcomm row may hurt 3G adoption | news.zdnet.com
Nokia has publicly stated that its on-going rift with QCOM will likely hurt 3G adoption. That's true, but there is no end in sight, as even the fastest-moving case is now likely to be delayed significantly.
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ITC Delay: Likely Bad News for QCOM
June 4, 2007
ITC Delays Patent Dispute Decision | biz.yahoo.com
The ITC's most recent delay has led to rampant speculation. My prediction: there will be an exclusion order, and it will be more binding than the order the ALJ crafted months ago.
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