Mr. Douglas Lichtman

GLG News by Mr. Douglas Lichtman, Professor of Law

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The ITC Decision Looms, and QCOM Asks for One More Delay

May 21, 2007

Analysis of:Petition to Request Reconsideration of Commission's Final Determination | edisweb.usitc.gov

The ITC is set to rule this week on the remedy in the BRCM/QCOM dispute. One hope for QCOM: that the Commission agree to delay the case and reevaluate the merits in light of the new Supreme Court decision in KSR.

Jury to Decide BRCM Patent Case in Next Few Days

May 21, 2007

Analysis of:Broadcom Slams Qualcomm With (Another) Patent Suit | www.ecommercetimes.com

All eyes might be on the ITC, but this week a second big decision looms for BRCM and QCOM: a jury verdict in BRCM's patent case currently underway in California.

BYI Gets a Favorable Markman Result Against IGT

May 21, 2007

Analysis of:IGT FIles Patent Infringement Lawsuit Against Bally Technologies | phx.corporate-ir.net

IGT's patent case against BYI took a bad turn last week, with the judge interpreting IGT's patents in a sufficiently narrow way that many of BYI's important games are now likely immune from suit.

KSR In-Depth: Understanding the Implications

May 21, 2007

Analysis of:KSR v. Teleflex | www.orangebookblog.com

The Supreme Court's recent decision in KSR v. Teleflex has generated substantial interest in the investment community. But be careful: the decision is likely much narrower than commentators think.

Patent Trolls Take a Hit at the Supreme Court

April 30, 2007

Analysis of:KSR v. Teleflex: Supreme Court Opinion | www.scotusblog.com

The much-anticipated decision in KSR v. Teleflex is now out, and the result is as expected: lower courts now have much more discretion to declare an obvious invention ineligible for patent protection.

BRCM v. QCOM: ITC Delays Decision

April 24, 2007

Analysis of:ITC Delays Decision in Patent Battle | biz.yahoo.com

The ITC announced today that it will not rule until May 25 on the question of whether and to what extent QCOM chipsets will be excluded as a result of the BRCM complaint. The news does not much change things; still, the highest-odds outcome is a modest exclusion order that offers protection to BRCM but does not seriously hamper QCOM's business.

 

Broadcom v. Qualcomm: Settlement Now Unlikely

April 13, 2007

Analysis of:Broadcom Adds to Qualcomm Battle | www.thestreet.com

Broadcom's latest filing against Qualcomm might not itself contain much new information, but the fact of the filing does tell us one interesting fact: QCOM and BRCM are likely heading to trial in May after all.

Google v. Viacom : Ramifications

April 13, 2007

Analysis of:Viacom v Google: The $1bn battle for content | news.independent.co.uk

The legal squabble between Google and Viacom will indeed have implications for a whole host of content businesses.  The net result will be increased obligations to monitor, and also increased opportunities to profit.

SanDisk v. STMicro: The Other Shoe Drops

April 9, 2007

Analysis of:Federal Circuits Rules in Favor of SanDisk | fedcir.gov

As I wrote last week, the Federal Circuit has surprisingly given new life to SanDisk's old preemptive strike against STMicro. Now, the first implication has shown itself: the April trial is no more.

NOK Makes a Clever Move Against QCOM

April 9, 2007

Analysis of:Nokia makes payment to Qualcomm for right to use UMTS patents | www.nokia.com

 The latest strategic move in the battle between Nokia and QCOM has the investing community abuzz: NOK just pre-paid for the patent rights that it says it is entitled to under RAND terms. The move is a good one in terms of reducing the odds of injunctive relief and tirple damages, but it does not change the core issues at stake in the fight.

SanDisk v. STMicro: Federal Circuit Rules

March 27, 2007

Analysis of:SanDisk v. STMicro: Federal Circuit Opinion | fedcir.gov

After two years of waiting, SanDisk (SNDK) just won its appeal on the question of whether the firm is allowed to preemptively sue STMicro over 14 of that firm's patents. The win opens an intriguing possibility: moving the now-pending jury trial from patent-happy Texas to the more reasonable confines of Northern California.

 

IGT v. BYI: Nevada Court Rules on Motions for Summary

March 26, 2007

Analysis of:IGT: Investor Updates | ir.igt.com

Neither IGT nor BYI issued a press release, but last Thursday the Nevada court issued an important ruling on each firm's several motions for summary judgment. The outcome favored BYI and was for me a bit of a surprise.

 

FTC Ruling Favors Rambus (RMBS)

March 20, 2007

Analysis of:Federal Trade Commission Grants Partial Stay in Rambus Case | www.rambus.com

The FTC just announced its decision on Rambus' several requests for clarifications and adjustments to the pending order on SDRAM and DDR1. The new decision favors Rambus on several levels: it confirms that the low regulated rates only apply forward-looking, and it establishes an escrow to protect Rambus while the appeal moves forward.

QCOM: Litigation Update

March 19, 2007

Analysis of:Qualcomm, Broadcom Agree to Drop Suits | biz.yahoo.com

Friday night came the announcement I had predicted just an hour earlier: a much broader settlement of litigation between Broadcom and Qualcomm. Here, I run through the cases that remain, and identify the ones that now should take center stage.

BRCM and QCOM: A Breakthrough?

March 19, 2007

Analysis of:Qualcomm, Broadcom settle patent dispute | www.businessweek.com

It seems that almost daily we hear that one or another patent case involving QCOM is settling out. But the news from Thursday might be of substantially more importance; this settlement might really matter.

 

Microsoft is Right: Google Is In Trouble

March 9, 2007

Analysis of:Microsoft's Copyright Assault on Google | www.businessweek.com

Microsoft's high-profile attack on Google is surely a PR move, but that does not change the underlying reality: Google's Book Search project is illegal, and Google is ultimately going to have to pay for the infringement it commits.

QCOM and BRCM: Four Patents Gone

February 27, 2007

Analysis of:QUALCOMM and Broadcom Agree to Dismiss Certain Patent Claims | www.qualcomm.com

Qualcomm and Broadcom announced last week that they had settled disputes involving four patents. But these are minor settlements and they mainly clear the way for both firms to focus on the bigger battles ahead.

QCOM v. BRCM: Reading the Press Releases

February 20, 2007

Analysis of:QCOM Clarifies Broadcom's Misleading Description of Court's Ruling | www.qualcomm.com

Last week, QCOM and BRCM both released strange press releases describing a January court ruling.  BRCM pitched it as a big win for BRCM's WCDMA chip business. QCOM claimed BRCM was off base. The reality, no surprise, lies somewhere between.

QCOM BRCM ITC Hearing: Stay the Course

February 13, 2007

Analysis of:ITC Sets Hearing in Qualcomm Patent Case | biz.yahoo.com

The ITC announced today that it will delay the final appeal in the patent case involving BRCM and QCOM, adding another hearing in March before reaching a decision in May.  But make no mistake: delay or not, the odds of a meaningful exclusion order are terribly low.

Rambus (RMBS) Wins Big

February 6, 2007

Analysis of:FTC issues Rambus antitrust order; Rambus plans appeal | www.marketwatch.com

Investors have so far missed the big implication of today's FTC announcement: yes, Rambus has been ordered to charge low rates for SDRAM and DDR1; but the FTC did not regulate at all the price for DDR2.  That is a huge win for Rambus.  DDR2 is the future, and Rambus' patents on point are now in the clear.

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