MobileIN.com Perspective
Qualcomm – Being Sued Again – Calm Down Everyone
By PJ Louis President, PJ Louis LLC



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The problem with intellectual property nowadays is that you can sue someone for infringing on an insignificant claim. The problem with intellectual property, in general nowadays, is that suits are going to rise in number given the stakes involved. Investors need to proactively do their homework before they pick sides.

I don’t have any knowledge of the Gabriel Technologies suit against Qualcomm.  However, I will offer an opinion.  Oh boy!!!

If I were Qualcomm, I would not be too worried.  Running around like a chicken without your head is not helpful in a litigation matter.  Qualcomm needs to focus on what specifically is being disputed.  Keep in mind, that patent infringement suits are not broadly filed.

Patent infringement suits are filed by claim.  In other words, the plaintiff charges that the defendant has infringed on specific claims in its patent.  My suggestion to investors, read the patents yourself before you either jump up and down for joy or jump off a cliff in horror.  Patent infringement suits are not all cut and dry and some are cut and dry.  The point is Qualcomm needs to examine Gabriel’s position carefully.

Patent infringement suits are won and lost on small points and interpretation of ideas embedded within the patent claims.

According to Gabriel, its intellectual property was misappropriated by Qualcomm and SnapTrack.  Qualcomm and SnapTrack supposedly developed this intellectual property under a joint development agreement with Locate Networks.  SnapTrack is a subsidiary of Qualcomm.  According to Gabriel Technologies, the intellectual property (also called IP) belongs to a company called Trace Technologies.  Trace Technologies is a subsidiary of Gabriel Technologies.  I hope you are following so far.

Gabriel’s suit states Qualcomm has falsely claimed ownership of 90 patents.

My next suggestion to investors:  Read the complaint and read the patents yourself.  At a minimum hire someone to read both to you before you do anything unwise.

There is obviously more to this story than meets the eye.   You need to read the complaint.  You need to read the patent claims; not the lawsuit claims but those things in the patent called CLAIMS. You need to read the suit against the specific Patent CLAIMS that Gabriel says are being infringed upon.

Is Qualcomm guilty?  I have no idea.  Is Gabriel wrong?  I have no idea.  I am an advocate of investors doing their homework.


  

DISCLAIMER
The views and opinions expressed in this article do not necessarily represent the views of MobileIN.com.
You are encouraged to seek the advice of health professional concerning these matters of great importance.


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