Samsung Could Cut IP Ties With SanDisk

ST Microelectronics(STM), which also owns a number of flash patents, has been engaged in IP litigation with SanDisk for at least four years, with neither side having completely prevailed yet.

Changes in the legal playing field may also embolden Samsung. Preliminary injunctions - court orders which bar an alleged patent infringer from selling its wares before a trial begins - are not granted as readily in federal district court as in years past, say some lawyers.

"More judges are viewing money damages [granted at the end of a trial] to be sufficient to take care of any harm caused to the plaintiff," says John Ferrell, a partner at Silicon Valley law firm Carr & Ferrell.

"I think this dispute has been going on for so long, that from a preliminary injunction standpoint, the judges are wary to the argument that there's irreparable harm," Ferrell says. "After so many years of litigation between Samsung and SanDisk, the view is they'll be able to find some way to pay money damages."

With the injunction option more difficult to get, both firms undoubtedly are considering the costs of legal confrontation. That said, SanDisk won its past injunction not in federal district court, but at the ITC.

It's clear though, that many of the rules of engagement have changed dramatically since the last time the two chipmakers tangled. Whatever happens, the next fight should Samsung choose to wage it will provide plenty of fireworks, and plenty of work for lawyers.

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