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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 159.42-1.2%Jan 16 9:30 AM EST
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To: Stock Farmer who wrote (76850)5/3/2008 3:24:51 PM
From: carranza2  Read Replies (1) of 197253
 
I think you got the 'specificity' issue right.

Because a spa or tpb contract confers extraordinary benefits to a party which has not negotiate for them, both the common law and civilian legal regimes require that the object of the contract be specific.

I don't think an undertaking to act FRANDly is specific enough to create third part rights. The fact that ETSI does not set rates and relegates the parties to commercial negotiations kills NOK's arguments, in my opinion.

If ETSI had said no more than 5 percent, NOK may have had a case.

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