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SanDisk Corp. Message Board

  • tchair tchair Jun 21, 2005 3:37 AM Flag

    Injunction unlikely

    The requested injunction will not be granted, let alone implemented. The reasons are: 1) It will hurt innocent parties like Apple and Sndk. 2) It will hurt U.S. interest and no judge in the right mine will do that. 3)It will not even be considered until all appeals are over and that will be a long long time. Lexr can cry all it wants but its not goung to happen. The jury has already hinted by giving a relatively small punitive award compared to amount asked. So it is telling Lexr..that's it..that's enough and stop crying. The market knows about all of the above and shall react accordingly.

    Legal and industry experts say an injunction is unlikely because the current levy against Toshiba may be steep enough to make a judge reticent about enjoining Toshiba, said Bruce Sunstein, a co-founder of intellectual property law firm Bromberg & Sunstein LLP.

    "Fashioning relief when there's been a theft is a difficult issue because there are a lot of open questions," Sunstein said. "Assuming there is a theft, what advantage did that give Toshiba? Maybe Toshiba could have sold into the market anyway ... Maybe money is enough. And what does the injunction say? Does the injunction say simply not to use the technology anymore?"

    Further complicating the matter, is that Lexar also has cases pending against Toshiba for unfair competition and patent infringement. Some of the trade secret technology Toshiba has just been fined for is the subject of patents, Sunstein said.

    "You can't have it both ways," he said. "If the patents have been issued, where are the trade secrets? Patents are public. Because the patent issue is still at large, the case is uncertain. The judge might be slow to decide there can be an injunction."

    A product injunction is usually only done when there isn't any money available to settle a claim, said Rob Christopher, an attorney in San Jose-based Hopkins & Carley's litigation department.

    "What it really means is, rather than preventing the use of a certain technology, it allows the plaintiff a chance to catch up in the market place," said Christopher.

    He said Lexar will have a hard time getting a judge to go along with such a move.

    "It's something that is only done when a dispute can't be solved by throwing money at it," said Christopher. "The only time to use an injunction ... is when there is no other remedy."


    HOWEVER IF INJUNCTION IS NOT GRANTED SNDK WILL RALLY AS THIS LIFTS THE UNJUSTIFIED CLOUD OFF.

 
SNDK
103.22+3.00(+2.99%)Sep 18 4:00 PMEDT

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