In deciding TI`s Motion To Dismiss, the Court confined its analysis to the "four corners of the complaint", assumed all well-pled allegations to be true, and ruled that if those facts were true, a valid cause of action has been stated. It will be for the "trier of fact" to determine what the facts are, based upon evidence adduced from documents and witnesses at trial.
In other words, this case is likely to continue to settlement or trial, provided Qualcomm has sufficient evidence and inferences to support its allegations. Those "facts" will be formally developed during the "discovery" period, after which either side could file a different kind of Summary Judgement motion, alleging that except for the amount of damages, there exist no genuine issues of material fact to be decided by the "trier of fact".
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