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Technology Stocks : Qualcomm Incorporated (QCOM)
QCOM 159.42-1.2%Jan 16 9:30 AM EST

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To: waitwatchwander who wrote (146740)12/1/2006 7:14:04 PM
From: AlfaNut  Read Replies (1) of 152472
 
If that is the case than the EU case should be a slam dunk. The Chinese competitors Qualcomm has enabled pay 7% while Nokia (and the other ex cabel crowd + Koreans) pay 5%. Aren't you saying a 2% difference is not enough for them to complete against Chinese imports?

No. The Chinese license agreements are a red herring. Recall that the different domestic/export rates for Chinese licensees was for a limited period. After that the licenses revert to standard terms. I do not know the exact date, but they have likely gone to standard rate already. Even if they haven’t yet it still remains a temporary situation.

To the best of my knowledge the Chinese handset manufacturers haven’t made a big impact into Nokia’s key markets, so they’re likely not a significant concern in the near term. Nokia is far more concerned about not having a royalty advantage compared to Samsung, LG, and others who were not part of the GSM crowd but sell a lot of CDMA/WCDMA.

It’s all about Nokia using their own patent machine, size and political influence to gain a footing in the patent swapping maelstrom that gives them a leg up on their direct competition. QCOM isn’t their direct competition, but QCOM enables those who are and is their worst nightmare from the standpoint of being in the way of how they would like to make the royalty equation stack up.

I wish the EU case were a slam dunk, but it isn’t. Realize the EU case is all about 1) what does FRAND mean, 2) do the histories of the WCDMA standards process and the license agreements affect how it should be applied, and 3) can politics somehow win out over what you and I consider the rational application of law.

Those are NOT simple questions, but if the EU were to get involved and rule against QCOM I think they would find it hard to justify under the rule of law, would be going down alleys that have never been explored, and would produce a lot of unintended consequences.
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