The statements made in this post contradict not only what QCOM officials have stated many times but also what independent observers have concluded. The issue of W-CDMA patents, in particular, is untested in court, and QCOM stands a good chance of prevailing here as well, if it ever goes as far as court.
There are a couple of events that should be recalled here. First, back in March, the U.S. Patent Office reaffirmed the key CDMA patent, adding 19 additional attributes. I believe this patent covers certain parts of W-CDMA. Second, the agreement between QCOM and ERICY by its very nature gives ERICY a license to use certain CDMA patents. If ERICY had a way of circumventing these patents, it very likely would not have made an agreement to purchase an operation that is losing money. Putting two and two together, it would appear that anyone suggesting QCOM is somehow left out of the party is simply uninformed or intentionally trying to mislead.
Third, CDMA2000, which is the 3rd Generation standard most likely to be adopted IN AREAS WHERE CDMA ALREADY EXISTS, is compatible with the current CDMA standard. If the writer was limiting his comments solely to W-CDMA and its incompatibility with CDMA, that apparently is true, but it doesn't mean that, despite the incompatibility, QCOM would not be entitled to royalties. |
