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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 170.90-1.3%Nov 7 9:30 AM EST
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To: kech who wrote (145306)10/2/2006 12:51:05 PM
From: matherandlowell  Read Replies (1) of 152472
 
"How is it bad news that Nokia licenses GPS patents from Trimble? Q bought snaptrack and has its own GPS solution built into its handsets."

Ketch,

This is obviously the question of the hour. How bad is the news? Not to put too much of a paranoid spin on this, but I see a theme in the attacks on the Q.

QCOM's official position has been that if you use one claim of one patent, you have bought the entire package. Broadcom is going to try to assert a claim of one of their patents is being used by QCOM. If they succeed, then a case could be made that QCOM must pay whatever BRCM requires for the use of that patent-- and it could be 5% of the wholesale price of the product, or even more. Similarly, Nokia may be betting that one of Trimble's patent claims has been violated by SnapTrack and Qualcomm. Trimble was a pioneering company in the field of GPS. It is not unlikely that SnapTrack has violated one claim of one patent.

I'm starting to think that the Qualcomm policy of "one claim from one patent" pays the entire fare should be replaced with two options: 1. one claim from one patent pays the whole fare, and for the whole fare you get the entire basket of patents (this would be for existing licensees and held open as an alternative for future licensees), or 2. users of the CDMA patents from before 2002 pay 4% and must pay for each patent used on top of the CDMA patent portfolio. For companies like Nokia, a standard 4% deal would be in effect if they needed any pre 2002 patents and additional royalties would be due if it can be shown that they need any post 2002 patents. This patent policy would allow QCOM to haggle with individual companies who have a need or desire to haggle.

Anyway, to get back to Ketch's question: how important are Trimble's GPS patents to QCOM? I think it is clear that no one knows and it will take years of litigation to find out.

j.
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