sag and JimM--Paul's comments could also indicate a strategy to take each case as it comes up and NOT go for a global solution at this time.
In my experience looking at other companies involved in legal disputes (notably the drug companies facing product liability suits), the most often used, and presumably the best strategy is to take each case, one by one. Once you get a few victories, you've established some precedent and you've given the othe side some reservations about their future success.
Despite the succession of failures QCOM has incurred (and the precedent setting dangers in those failures), it is difficult for me to believe that QCOM, which has the highest quality in-house engineering and scientific staff in the wireless industry, was so ignorant of other IPR that it routinely used the alleged IPR as if there were no valid patents, and along with that, as if there were no need to make inquiries.
That's simply not the kind of behavior one would expect in a company like QCOM. If it occurred, it would have been tantamount to sabotage, being so directly against company long term interests.
At this point, I see no reason for QCOM not to take each case as it comes up, vigorously defending its position or making its infringement claims against its adversaries. If QCOM patents are valid, and if others in the industry have no way to work around those patents, then time is on the side of QCOM.
That's why a top company official could fairly state that this process would take the better part of a year or two (or more) to resolve. The statement has nothing to do with a Spinco 2 or with the reluctance of either party to negotiate a settlement. But the statement does send a message that QCOM is going to pursue every challenge, appealing where necessary. The statement puts the entire industry on notice that if QCOM should prevail on key issues, the entire industry, including adversaries like Nokia and Broadcom, will be held accountable.
The only negative part of this strategy is that it diverts company energy from new designs, patents, and innovations, which is where the company must concentrate if it wishes to retain its current business plan.
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