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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 179.02+3.7%3:59 PM EST

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To: carranza2 who wrote (57601)12/11/2006 11:38:39 PM
From: Clarksterh  Read Replies (1) of 196491
 
I should think that determining whether a patent is "essential" to the standard is a fairly easy thing to do since the term is defined as IPR without which the standard could not be implemented.

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The whole point of the paper is that not all patents are created equal. I.e. Essential/Not-Essential is a bogus, overly simple partition.

I am sure that many of Nokia's patents are 'essential' in that the standard, as it is written, does not work without the patents. The point is that an equally good standard could have been written without them. But note that the only way to prove this at the level you are suggesting would be patent by patent - which would be awesomely tedious. Hence the more general point that not all patents are equal.

Clark
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