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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 172.31-2.2%3:59 PM EST
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To: carranza2 who wrote (54987)9/3/2006 3:53:04 PM
From: matherandlowell  Read Replies (2) of 196977
 
"... but I really don't see any other way possible to deal effectively with the conundrum but to have presumptively neutral parties [the courts] examine all aspects of a specific grievance after each side has presented its best case using the best counsel they can afford"

Aren't the courts likely to look for a precedent? Precedent cases are really at the foundation of the judicial tradition. It seems to me that any court would look at the more than 140 contracts QCOM has signed with manufacturers and conclude that the royalty rate has been set by market precedent. In addition, in the case of Nokia, the fact that Nokia agreed to the rate previously would weigh heavily in favor of establishing the existing royalty rate as FRAND. Finally, the GSM royalty rates to new competitors would surely argue that the 5% number is well within a reasonable rate.

j.
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