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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 174.01-0.3%Nov 14 9:30 AM EST

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To: w molloy who wrote (1645)7/31/2000 1:57:07 AM
From: cfoe  Read Replies (1) of 196650
 
If the GSM IPR holders were to ask for all CDMA patents pre SpinCo - why would they change their stance simply because there are two companies rather than one?

They may not change their stance. However, the legal reality will be that essential/necessary/useful IPR will be owned by two separate legal entities (QCOM and Spinco). If all a prospective licensee needs is a license from just QCOM, I assume QCOM will grant if on a fair and non-discriminatory basis. If they do not need Spinco IPR, no problem.

What if the GSM IPR holders decide that SpinCo's "essential/necessary/useful CDMA IPR " are insufficient to buy entry into the patent pool?

They may, and thereby deprive themselves of Spinco's IPR. If they do not want to be in the CDMA market, no problem. If they can work around Spinco's IPR, again no problem. If they want to be in the CDMA market and need Spinco's IPR as well, they got a problem! <IMHO>
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