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.