Mr. Douglas Lichtman

GLG News by Mr. Douglas Lichtman, Professor of Law

GLG News is now G+ Insights

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BRCM v. QCOM: The ITC is Over, but the EC is Not

October 10, 2006

Analysis of:ITC Rules in BRCM v. QCOM | www.usitc.gov

The ITC ruled today that QCOM infringes one BRCM patent, but the ALJ refused to issue a broad exclusion order. The media is pitching that as a win for QCOM, and it is, but BRCM still has one card to play: the EC antitrust inquiry.

Immersion v. Sony : $100 Million Paydate Looming

October 9, 2006

Analysis of:Immersion Obtains $90.7 Million Judgment in Patent Infringement Case Against Sony | immr.client.shareholder.com

Investors are starting to focus once more on Immersion and its patent dispute with Sony over the Sony Playstation 2.  A court hearing set for early October could finally end the dispute, and likely trigger a $100+ million payment to Immersion.

QCOM/BRCM: Qualcomm's Latest "News" Isn't

October 5, 2006

Analysis of:Federal Judge Continues Hearing in Trade Secrets Misappropriation Case to Determine the Scope of Injunction Against Broadcom | biz.yahoo.com

Qualcomm and Broadcom are about to enter a high-stakes period, with negotiations set for October 4 and the ITC poised to rule October 10.  But Qualcomm's press release boasting a win in the pending trade secret dispute is just noise.

Rambus' Legal Woes Far From Over

September 18, 2006

Analysis of:Rambus Shares Surge on Analyst's Note | biz.yahoo.com

The market is pretty sour on Rambus ever since its FTC loss, and with good reason.  Rambus has engaged in a variety of misbehavior over the years, and as a result the firm is today on the verge of losing almost all of its patent cases.

RFID Patent Pool: Why Should Intermec Join?

September 15, 2006

Analysis of:RFID Consortium Names Patent-Pool Administrator | www.rfidjournal.com

For years, there has been talk of forming a patent pool through which firms could license all the patents necessary to produce RFID tag technology. Missing from all the talk is a compelling story about why Intermec would join the pool, rather than licensing its patents on the side.

IGT v. Bally : New Patent Dispute Looming

September 8, 2006

Analysis of:Governor’s Push to Expand Indian Casinos Fails in California | www.nytimes.com

IGT might be keeping one eye on the California legislation, but the other eye is surely focused on a courthouse in Nevada where a new patent case threatens to rebalance power between IGT and its rival, BYI.

Qualcomm Wins Big; Where are the Analysts?

September 8, 2006

Analysis of:Judge Pulls Plug (For Now) on Broadcom Antitrust Suit | blogs.wsj.com

The public analysts have been slow to update their views, but make no mistake about it: Qualcomm's win in New Jersey is huge, surprising, and puts Qualcomm in fantastic position to profit on the 3G technology boom.

Patents Threaten Blockbuster; Reality Threatens Netflix

August 31, 2006

Analysis of:Judge lets Blockbuster antitrust suit go forward | news.com.com

The patent dispute between Blockbuster and Netflix will likely drag on for years. By the time it is over, the business of mailing DVDs to customers will likely be just a ripple in either firms' profit stream; the real challenge facing both firms is the decision of how best to embrace the next delivery platform.

XM Satellite Radio v. the Music Industry -- The Next Napster?

August 28, 2006

Analysis of:XM Satellite asks judge to throw out music lawsuit | www.usatoday.com

Ever since the Napster litigation, the content industry has been bracing for a showdown with technology firms over the rules that govern the design of products that can be used (among other things) to infringe copyright. The current litigation between RIAA and XM Satellite radio might just be the venue both sides are looking for.

Tivo v. Echostar: Worst Case Scenarios

August 21, 2006

Analysis of:Court Blocks Order to Disable EchoStar DVRs | www.nytimes.com

The Tivo verdicts were a surprise. Many of us thought Tivo would win on willfulness but lose on the injunction. But the reverse held true ... and that could end up being a real problem for Tivo over the next several months.

Stock Options Backdating : A Primer

August 21, 2006

Analysis of:Ex-Apple Lawyer Hires Own Counsel | www.latimes.com

The stock options backdating scandal has taken its toll on technology companies from Apple to Broadcom.  Here, I run through the basic issues, the applicable legal rules, and some predictions about what lies ahead for the many implicated firms.

Bad News for Rambus, Good News for Hynix, Micron, Samsung, Infineon

August 18, 2006

Analysis of:Memorandum Opinion Denying Attorney's Fees | investor.rambus.com

The bad news for Rambus (RMBS) keeps pouring in, most notably in the form of the recent FTC ruling that Rambus violated JEDEC's rules regarding patent disclosure. Perhaps more important, however, is a decision out of the Eastern District of Virginia -- a decision that could ultimately set Infineon, Micron, Hynix, Samsung and other competitors free to infringe most of Rambus' patents.

BRCM v. QCOM : Ruling Expected October 10

August 16, 2006

Analysis of:ITC Extends Qualcomm Investigation by 50 Days | today.reuters.com

The ITC will not announce its preliminary decision until October 10, but the delay does not seem to matter much.  Broadcom will still likely win this round, and Qualcomm will still likely duck any consequences for at least two years.

Litigation Update: Apple (AAPL) v. Creative Labs (CREAF)

July 17, 2006

Analysis of:Apple sues IPod rival over patents | www.iht.com

Considerable news coverage has followed Apple's (AAPL) patent lawsuits against Creative (CREAF), and Creative's earlier-filed patent lawsuit against Apple. But the more important battle is underway at the International Trade Commission (ITC), and the most interesting player in the wings is a little company known in the industry as Microsoft (MSFT).

French Law: All Bark, No Bite ... For Now

July 17, 2006

Analysis of:France Softens iTunes Law, but Apple Is Still Disgruntled | www.nytimes.com

As enacted, the French law that purports to delink iTunes from the iPod is toothless.  But the issue will not soon die, and Apple (AAPL) needs to brace for similar battles in other countries, including the United States.

SanDisk (SNDK) and STMicro (STM) Litigation Update

July 14, 2006

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

As SanDisk (SNDK) has emphasized in all of its recent SEC filings, the firm's litigation against STMicro (STM) has now spread to involve eight separate cases in three separate jurisdictions. The next big milestone should be an important ruling from the Northern District of California on SanDisk's motion for summary judgment.

AMD v. Intel: Antitrust Litigation Issues

July 7, 2006

Analysis of:AMD Fires Back in Intel Antitrust Case Challenge | www.internetnews.com

Although there is reason to in the long run be very optimistic about AMD's antitrust case against Intel, at the moment the case is bogged down in discovery disputes and in an important battle over whether Intel's foreign activities can be litigated in a U.S. court.

Tessera's Antitrust Case: Big Decision Pending Now

July 7, 2006

Analysis of:Tessera Technologies Amends Filing of Patent Infringement Suit to Include Anti-Trust Claims | www.tessera.com

Over one year ago, Tessera announced its antitrust case against Infineon and Micron, suggesting that big dollars were on the line. This month, expect the Texas court to throw those claims out.

TiVo: Expect a Verdict for $220+ Million, No Injunction & Fresh Litigation

July 7, 2006

Analysis of:TiVo 10-Q Filed Jun 9, 2006 | www.shareholder.com

With the bench trial in TiVo v. Echostar now concluded, expect this month a partial win for TiVo in the form of a $220+ million verdict for damages caused by Echostar's willful infringement, but a partial win for Echostar in the form of a denial of TiVo's motion for a permanent injunction. Then, brace for round two: a second patent dispute that is moving along quickly between these same two firms.

Echostar v. Tivo : Echostar Still in Trouble

May 31, 2006

Analysis of:EchoStar Statement in Response to Recent Developments | phx.corporate-ir.net

Echostar might sound up-beat in its press release, but the patent dispute between Tivo and Echostar continues to favor Tivo, and the next shoe could drop as early as June 26.

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