The Neopoint prospectus filed on 1/11/2000 contains references to the 1994 cross-licensing agreement between Qualcomm and Interdigital.
"Intellectual Property Rights" means patents, copyrights, trade secrets, know-how and other intellectual property rights.
"InterDigital" means InterDigital Communications Corporation, InterDigital Patents Corporation and/or InterDigital Technology Corporation.
"InterDigital's Excluded Patents" means those claims of each of InterDigital's existing and future patents which cover
(i) overlay,
(ii) interference cancellation,
(iii) trellis, PASM and TASM coding/decoding and
(iv) wireless telephone debit card systems.
As of November 2, 1994, existing patents of InterDigital which have claims covering the subject matter of (i), (ii), (iii) and (iv) (and are therefore InterDigital's Excluded Patents) are U.S. Patent Nos. 5,351,249; 4,849,974;
4,849,976; 5,359,182; 5,161,168; 5,333,191; 5,235,670; 5,072,308; 4,974,099; 4,953,197; 5,185,762; 5,228,053; 4,796,260 and their foreign counterparts.
"InterDigital's Five Patents" means U.S. Patent Nos.
5,228,056;
Donald L. Schilling (*July 13, 1993)
Synchronous spread-spectrum communications system and method
164.195.100.11
5,166,951;
Donald L. Schilling (November 24, 1992)
High capacity spread spectrum channel
164.195.100.11
5,093,840;
Donald L. Schilling (March 3, 1992)
Adaptive power control for a spread spectrum transmitter
164.195.100.11
5,119,375;
Eric Paneth, Mark J. Handzel, Steven A. Morley, and Graham M. Avis (June 2, 1992)
Subscriber RF telephone system for providing multiple speech and/or data signals simultaneously over either a single or a plurality of RF channels
164.195.100.11
5,179,571
Donald L. Schilling (January 12, 1993)
Spread spectrum cellular handoff apparatus and method
164.195.100.11
and any continuation, continuation-in-part and divisional application based on such patents, and any foreign counterparts of such patents, continuations, continuations-in-part or divisional applications.
"InterDigital Included Patents" means, with the exclusion of InterDigital's Excluded Patents, (i) every patent issued on or before March 7, 1995 (including utility models, but excluding design patents and design registrations) in the
world owned or licensable by InterDigital (including but not limited to InterDigital's Five Patents), and (ii) any subsequently issued patent (including utility models, but excluding design patents and design registrations) (whether
issued to InterDigital or a third party) in the world owned or licensable by InterDigital which claims or discloses an invention contained in a patent application filed or acquired by InterDigital anytime prior to March 8, 1995
("Subsequently Issued InterDigital Patents"), and any counterparts (foreign or domestic) to any such Subsequently Issued InterDigital Patents whenever such counterparts are applied for, and (iii) any continuation, continuation-in-part or divisional application based on any patent falling within (i) or (ii) above, whether such continuation, continuation-in-part or divisional application is filed during or after March 8, 1995. In the event of an acquisition of InterDigital by a third party, InterDigital Included Patents shall not be construed to cover any patents or patent applications owned by such third party
prior to the acquisition of InterDigital.
"InterDigital's Patents" means (i) with respect to those Licensed Products Sold by LICENSEE which incorporate CDMA ASICs purchased from QUALCOMM, the InterDigital Included Patents and (ii) with respect to those Licensed Products
Sold by LICENSEE which do not incorporate CDMA ASICs purchased from QUALCOMM, InterDigital's Five Patents.
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