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   Technology StocksQualcomm Moderated Thread - please read rules before posting

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To: engineer who wrote (158131)5/30/2019 6:19:04 PM
From: Wildbiftek
   of 164514
If you're talking about Tim Lee, he's a redheaded white guy who lives in Washington D.C. I'm not sure if he's a Korean national though...

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From: benhorseman5/30/2019 6:51:42 PM
   of 164514
How Disastrous Ruling Puts Qualcomm At Risk.

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From: benhorseman5/30/2019 6:55:16 PM
1 Recommendation   of 164514
Qualcomm Stock Is Finally A Buy After A Bruising Selloff

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From: benhorseman5/30/2019 7:03:31 PM
2 Recommendations   of 164514
The One Word Will Help Restore US Patent System

The Bad NewsToday, I’m supposed to be speaking about the path forward. I’ve given this a lot of thought and I have only one word that I’m going to leave you with about the future and road forward, but before I give you that one word and why it is so critical, what I’d like to do is talk very briefly about some of the bad news we’ve received just recently.

Just last week, the Federal Trade Commission prevailed even though the documents in the Apple v. Qualcomm case suggested that it was Apple that was manipulating the market and not Qualcomm. The FTC continued to push the case with the thinnest of evidence—maybe even no evidence—and prevailed. I just don’t understand how the FTC can have one view of the patent system and the Department of Justice and the patent office can have a different view of the patent system. It seems that the Trump Administration needs to sort things out and get on the same page.

Meanwhile, the pharmaceutical companies are under investigation for drug prices and there is this belief that high drug prices are related to patents, as if the FDA process to gain approval is both free and doesn’t take any time, and also that the research is free and doesn’t take any time or investment. While no one likes to pay high drug prices, blaming patents and focusing only on the price of the single blockbuster drug misses the point that as many as 90% of all drugs fail, so that means the 10% that don’t fail need to not only pay for themselves but also for the other 90% that fail.

Universities face near constant threat by those who want to get Bayh-Dole overturned and repealed. Now, stop and think about that for one second. Bayh-Dole is characterized as THEmost successful piece of domestic legislation since World War II. And there are people out there that want it to be erased, as if it were a mistake, as if it never existed. But the facts are the facts, and Bayh-Dole put an end to a truly byzantine process to license government-funded technology that led to virtually no government funded technology ever being licensed, and is directly responsible for creating 10,000-plus startup companies and hundreds of thousands of jobs.

And we all know the carnage at the Patent Trial and Appeal Board (PTAB) and the 101 jurisprudence that the Supreme Court has left us with.

Fixing the ProblemsWe have good news though! Senators Tillis and Coons and Congressmen Collins, Johnson and Stivers have released draft legislative language that would, if it ever gets enacted, largely fix the 101 problem. It seems to me that it would not only address the Mayo and Alice issue, but that there is language in there that is explicitly intended to overrule Myriad as well. All of which would be great.

So, this leaves me with the one word that I think is the future for those who support a strong patent system: “Cooperation.”

Now, we all need to look around and notice that the other side that has wanted to have patents eroded have been enormously coordinated in their efforts. And we have not been. Those of us who are on the pro patent side have been fractured. I just read a list dealing with standard essential patents, drug patents, universities, and high-tech troubles. And every one of those groups is fighting as if they are the only ones having a problem and the only ones fighting. And nobody is helping anyone else fight their battles.

It is easy to say: “Well, it’s not my battle to fight, I will fight my battle.” But I’ve been saying and writing for years that if you don’t get involved and help those with whom you have a natural alliance, eventually the people who are coming after you and your patent are going to get what they want. And what they want isn’t just you not to have your patents in your sector, they want nobody to have patents on anything, period. That is their aim. Make no mistake about it. And at times they even honestly tell you that, when they fund the elimination of stupid patents, for example.

Over the past several years I’ve become acquainted with Mark Cuban a little bit, and as some of you know I’ve had the opportunity to interview him. He is not the flamethrower that you might think. His concern is companies getting sued at too early a stage, and that is a threat for all startups: getting sued before you can get traction. He has a point. Mark Cuban strikes me as far more pro-small business than he is anti-patent, although sometimes his rhetoric may seem otherwise. If you look past the rhetoric, he is concerned with businesses succeeding. And at the core that seems to be the concern of everyone in this room.

The Challenge AheadWe have done a poor job—even worse than a poor job. The bad actors in our community have defined us and that is because we haven’t cooperated among ourselves, we haven’t provided a united front. When the pharmaceutical people are under attack, the high-tech people go and hide, and vice-versa. And as long as that happens, then we have no chance of winning.

Those of you who are students of history will recall that the way that Alexander the Great won his battles was always by fighting with smaller armies than he prevailed against. The way he was able to fight was to take on one piece of the larger army at a time never confronting the full army at any one time. And I am convinced, and I know that you know, that the larger army is on our side. We have more money, we have more people, we have more stories, and the good and the right is on the side of a strong and vibrant patent system. What we need to do is cooperate and get the message out there. So, I challenge you today to cooperate with one another and see a challenge to one person’s patents as a challenge to everybody’s patents. And by that, we will be honoring the past inventors and giving the future inventors a way to move forward.

Thank you.

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To: sbfm who wrote (158130)5/30/2019 7:46:38 PM
From: NozRydr
3 Recommendations   of 164514
re: Here's the gist: the goal of leveling the trading field is laudable; but without any workable tactical or strategic plan, we are always going to he reacting to leverage rather than reducing that leverage before it arises.

So, yes, China cutting off RE will only be painful for [insert your time frame]; but ask anyone who was an adult during the oil crisis whether the fact we are no longer beholden today fixes the lost decade of growth and economic stagnation (remember "stagflation").

Pay me now or pay me later.

Rare earths are not oil. RE's are not near the problem to capitalize, to locate, to extract, transport or process. Moving dirt in a big way costs some money but it's a mature industry and not that complicated.

Throw a tax incentive at the miners so they get gung-ho to capitalize operations and clear the way for work by fast tracking permits. Then watch the dirt fly. Send out some reality TV crews and get your popcorn. Watch the gold rush happen.

but ask anyone who was an adult during the oil crisis whether the fact we are no longer beholden today fixes the lost decade of growth and economic stagnation (remember "stagflation").

All the more reason to rip the bandaid of dependency off sooner rather than later. Take fuel for a potential resource war off the table. It took 40+ years to do it with oil. Let's maybe learn from that recent history.

In 2008 "Drill baby drill" was mocked. Look as us now!

In 2019 the rallying cry for resource independence can be "Dig baby dig"
It will be a much steeper curve up to Rare Earths independence than it was for Oil and Natural gas.

Save some blood split in the long term if we're lucky.

<as a personal aside in response>
Yeah, I came of age in that oil embargo and stagflation era and went on to serve in the hollow-force military that followed Carter's term in the White House. Got an early Econ education watching Nixon's price control debacle play out in other industries that family worked in. That time and being the son of Depression era parents shaped my savings, spending, investing, career choice trajectory and politics for certain.

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From: Wildbiftek5/30/2019 7:48:44 PM
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Qualcomm's high production value rebuttal to Koh (a la during the Broadcom bid):

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To: Keyurious who wrote (158124)5/30/2019 9:35:15 PM
From: Maurice Winn
5 Recommendations   of 164514
The recused FTC commissioner should be fired and appoint somebody willing to do the job They are paid big money to do.

They are obviously biased which is why there's a Democrat versus Republican division. So there's no need to recuse because they are all biased anyway.

Now they have totally messed up and Lucy has made her biased and ignorant judgment, and she's unlikely to say "Oh I have just realized how wrong I went. Judgment cancelled. New trial called if FTC wishes to pursue it."

So we depend on a higher court having a clue. Since they are probably anti-Trump it's likely that they'd rather back her than him, even though $20 billion has gone and another $20 billion will go if they also put the boot in.

As Lucy showed, these trials are nothing to do with actual law, or good sense. It will be the same on appeal.

I still don't know whether Lucy uses iPhone. Maybe there's a photo somewhere. What phones do the 9th circuit people use? That will tell us how their decision will go. If we also get the judges' appointing presidents we'll know for sure what their decision will be.

Regarding patent auctions, the upper bound on device price should be $1000 not the derisory $400.

Patent auctions would be very easy to run. Enforcement would be easier too as the licensed 4 or 5 companies would be keen to dob in cheating competitors.


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To: sbfm who wrote (158130)5/30/2019 11:31:10 PM
1 Recommendation   of 164514

...apparently the Ca location has the highest % RE ore in the world at this time.........just will need some time to bring on large scale refining capacity...................screw the Chinese.....if the screwballs in Ca block the free market in any way, screw them.

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To: VinnieBagOfDonuts who wrote (158054)5/30/2019 11:46:11 PM
From: VinnieBagOfDonuts
   of 164514
Koh didn't waste any time to deny Qualcomm's motion to "shorten time"; she couldn't even type a 1-paragraph document..

So, now the FTC has until June 11 to respond to Q's motion to stay


Docket entry #1498

May 30, 2019

Order by Judge Lucy H. Koh Denying 1496 Motion to Shorten Time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc4S, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

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To: Maurice Winn who wrote (158138)5/30/2019 11:55:21 PM
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Wasnt she unceremoniously overturned and scathingly chastised once before on appeal by this same demon liberal court? The apoeal will be different. Good judges vs bad judges.

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