Mr. Douglas Lichtman

GLG News by Mr. Douglas Lichtman, Professor of Law

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Qualcomm (QCOM) Litigation Update

January 24, 2007

Analysis of:Patent Counting, A Misleading Index of Patent Value | www.qualcomm.com

Qualcomm (QCOM) continues to pursue litigation across the globe, with patent cases in the US; antitrust inquiries in Korea, the EC, and Japan; and an important looming date at the ITC. Most immediately, however, a jury is poised to rule on one of QCOM's smaller disputes with Broadcom (BRCM).

SanDisk(SNDK) Litigation Update

January 24, 2007

Analysis of:SanDisk's Patent Battles 'Getting Ugly' | ce.seekingalpha.com

SanDisk continues to be a survivor on the legal front, notching up a few more small wins in the last few weeks. The important legal events on the horizon are still the two I have written about before: the upcoming patent trial in Texas, and the ITC decision that is now delayed until June. But these smaller wins signal that SanDisk is handling its cases well and might be able to succeed in the more substantial battles that lie ahead.

XM Satellite Radio (XMSR): Big Court Loss Will Force Changes

January 24, 2007

Analysis of:XM's Inno Lands in Court | www.fool.com

The market does not seem to realize it yet, but XM Satellite Radio (XMSR) is now all but assured to lose its big copyright case against the music industry. The nail in the coffin: a decision last week under which the district court judge ruled against XM on what was its central, indeed its only, plausible defense. Expect XM to cut a deal and settle the case quickly.

Apple Again Errs on Trademark Negotiations

January 12, 2007

Analysis of:Cisco, Claiming Ownership of ‘iPhone,’ Sues Apple | www.nytimes.com

Apple is no stranger to disputes over the use of trademarked words. Unlike its fight with the Beatles, however, this time Apple has very little ammunition for its cause.

Eight Patent Disputes to Watch in 2007

January 11, 2007

Analysis of:Get Even More Bullish on the Dow | www.thestreet.com

With the year coming to a close, it is time to look ahead. Here, I outline eight cases that I will be watching in early 2007: patent disputes that might well come to a head in the next few months, wiith possibly big consequences for the relevant firms.

BYI v. IGT: Bally Scores an Unnoticed Victory

January 11, 2007

Analysis of:Nollenberger Capital Partners Analyst Downgrades Bally Technologies | biz.yahoo.com

Over the last few days of November, a Markman was held in IGT's patent case against Bally. Analysts have reported the hearing as if it went poorly for Bally, and in some ways it did. But in one important but unnoticed way the hearing went quite well for Bally: the judge subtly but repeatedly seemed to express doubt as to whether IGT's patents are even valid in the first place.

SanDisk (SNDK): Litigation Outlook Bright

January 11, 2007

Analysis of:SanDisk Announces Fourth Quarter Earnings Call | www.sandisk.com

As analysts work to evaluate SanDisk's latest financials, the news from the legal side is surprisingly positive. Despite a long run of inexcusable mistakes and likely culpable behavior, SanDisk today is largely sitting pretty, with little downside but substantial upside on its upcoming litigation calendar.

Patent Law: Third-Party Liability Clarified

January 11, 2007

Analysis of:DSU Medical v. JMS | www.fedcir.gov

As investors well know, clarifications to patent law can very significantly impact a firm's bottom line. Last year's Supreme Court decision in the eBay case, for instance, today comes up all the time in conversations about firm financials, because that case makes it much easier for an accused infringer to persevere in litigation. The upcoming decision in KSR similarly has people talking, because that will likely hurt firms like Acacia and NTP that litigate patents of questionable validity. Now, from the Federal Circuit, another substantial ruling, this time on third-party liability.

IGT v. BYI: Bally Losing a Battle but Winning the War?

December 29, 2006

Analysis of:Bally Technologies Announces Business Update | biz.yahoo.com

Last month, the district court in Nevada held a hearing in which the court worked to decide how to interpret IGT’s several patents on both wheel-based casino games and player-tracking technology. As others have reported, the hearing on the merits went poorly for Bally. What others have missed, however, is that there was a substantial silver lining: although the court seems likely to read the patents in a way that would benefit IGT, the court also seems to doubt that these patents are valid in the first place.

SiRF v. Global Locate: The GPS Patent Wars Begin

December 29, 2006

Analysis of:SiRF Sues Global Locate for Patent Infringement | biz.yahoo.com

GPS Navigation systems are big business today, showing up in high-end cars and also selling briskly in various stand-alone portable implementations. To date, the market has evolved without substantial patent litigation. But no longer, thanks to a newly filed suit between SiRF Technology and Global Locate.

SanDisk v. STMicro: Texas and the ITC Will Both Rule in Early 2007

December 29, 2006

Analysis of:Stars MisAlign for SanDisk | users1.barrons.com

SanDisk and STMicro have underway a mess of litigation, spread over a variety of courts and jurisdictions. Two cases are coming to a head, however: the ITC should rule roughly in April on SanDisk’s allegations that STMicro infringes several SanDisk patents, and a jury should rule on cross-cutting patent charges in the main Texas litigation. The combined outcomes could be very favorable to SanDisk.

QCOM: Preparing for the EC

December 14, 2006

Analysis of:ITC Finds Qualcomm Violated Patent | biz.yahoo.com

Although the ITC hearing continues to steal headlines, the important litigation looming for Qualcomm (QCOM) are the upcoming proceedings at the EC. And the star of those proceedings? My prediction is that the star will be QCOM's technology.

Acacia, Network-1: Good Times and Bad for the Patent Trolls

November 30, 2006

Analysis of:Network-1 Receives Ruling in Markman Hearing | biz.yahoo.com

Good news from a patent court has rightly called attention to Network-1's patents on power-over-Ethernet technologies.  But bad news from the Supreme Court threatens not only Network-1, but also and much more seriously comparable patent licensing firms like Acacia.

Patent Reform at the Supreme Court: KSR

November 21, 2006

Analysis of:Pay to Obey | select.nytimes.com

The New York Times ran an editorial a bit ago calling for patent reform, and the Supreme Court is about to answer that call.  The case, KSR v. Teleflex, is at the surface a narrow dispute over a particular legal doctrine. But, like last year's eBay case, it could fundamentally rebalance the patent system.

QCOM: The Patent Cases

November 21, 2006

Analysis of:QCOM Investors Back Legal Fight | biz.yahoo.com

Qualcomm's recent messages to its investors make clear that the firm is prepared to litigate the full range of patent and antitrust cases that are now pending in the United States and Europe.  Here, I look in at one group of those cases: Qualcomm's several pending patent disputes with Broadcom.

QCOM/Nokia: Let the Litigation Begin

November 16, 2006

Analysis of:Qualcomm Not Optimistic About Nokia Deal | biz.yahoo.com

Qualcomm has reported that it is not optimistic about reaching a deal with Nokia prior to the April deadline.  And no wonder.  With the Europeans now seemingly poised to announce a formal investigation of Qualcomm's pricing practices, the time for negotiation has run out.  This fight is going to court.

Palm v. NTP: Forbes is Wrong; Palm Should & Will Fight

November 16, 2006

Analysis of:Why Palm Should Give in to NTP | www.forbes.com

NTP filed suit last week against Palm, alleging that Palm's wireless handheld devices infringe some of the same patents that NTP last year asserted successfully against RIM.  Columnists seem to think that Palm will settle fast. In my view, however, that is neither what Palm will or should do.

Rambus: FTC Hearing Scheduled for November 15

October 30, 2006

Analysis of:Rambus : Notice Scheduling Oral Argument | www.ftc.gov

The Federal Trade Commission (FTC) has scheduled oral argument for November 15 in its on-going inquiry into Rambus' interaction with JEDEC.  At risk for Rambus is the possibility that the FTC will impose a low or zero royalty on Rambus' SDRAM, DDR SDRAM, and even DDR 2 SDRAM technologies.

Google Buys Legal Liability, Pays Premium

October 17, 2006

Analysis of:Google faces copyright fight over YouTube | business.guardian.co.uk

Google might have meant to purchase a new media website, but what the firm actually bought was a mess of copyright liability that will either send the firm into litigation or seriously constrain its ability to turn YouTube into a profit center.

SanDisk and STMicro: Litigation Moving Forward

October 17, 2006

Analysis of:SanDisk (SNDK) 10-Q: Legal Proceedings | ccbn.10kwizard.com

SanDisk's 10-Q lists seven different litigation matters involving STMicro.  In the next few weeks, a few important judgments should issue; but the main events are slated for April 2007 and beyond.

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