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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 175.37+0.7%2:15 PM EST

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To: barty who wrote (52729)6/23/2006 9:34:41 AM
From: Dash of Reality  Read Replies (1) of 196995
 
What happens if we don't see a settlement before APril '07 - well Qualcomm could try seek an injunction but they would not be able to recognise revenue on Nokia's WCDMA shipments (where their share is approaching 30%). That would hit their '07 earnings hard. Nokia could just take a provision every quarter on the balance sheet.

The point here from Nokia's perspective is that they think their patent position is bigger than Qcom's and if that's the case what is fair and reasonable? Remember Qcom have to license their patents on FRAND terms - and there's a pretty interesting question that courts will no doubt have to decide in the end. If Nokia gets a big concession it will mean the have a massive cost advantage over rivals.


If Qualcomm decided, for some reason, not accrue revenue on WCDMA revenues from Nokia, Price Waterhouse would force them to accrue revenue probably equivalent to the amount of revenue that Nokia is negotiating to pay. Nokia is not disputing their obligation to pay, they are disputing the royalty rate. Both companies would continue to accrue revenue and expense. I'm not sure that you would even be able to see a difference in one or two percent in the royalty rate to one company on their revenues, especially since they are growing at a rate of nearly 30% a year.

The second point you bring up is more concerning. Since most of Qualcomm's licensing contracts offer protection to the customer that they are receiving the lowest royalty rate, Qualcomm would be forced to pass on any reduction in royalty rates to all of the licensed parties who have this protection written into their contracts.

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