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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 164.37-0.5%3:54 PM EST
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Lance Bredvold
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VinnieBagOfDonuts
To: VinnieBagOfDonuts who wrote (148853)9/2/2018 7:26:47 AM
From: JeffreyHF4 Recommendations  Read Replies (2) of 197207
 
Florian is a biased non-lawyer shill, but Koh does concern me.

Under ETSI FRAND commitments chip level licenses are not required, and decades of industry pattern and practice have normalized device level consolidated royalties.

It's disappointing the current FTC is so aggressively pursuing this case through its staff attorneys.

What would happen to the SEPs that are practiced at the infrastructure or handset level, rather than that of the modem? What of those non-SEPs that are commercially important?

I would question whether the FTC has the standing to bring a pure contract case against Qualcomm. That is a "legal" rather than "equitable" cause of action, and if consumer harm and anti-trust principles are irrelevant, how would the FTC, and by extension Koh, have the jurisdiction to address them? Such a case would need to be brought by an allegedly aggrieved chipset manufacturer, and only if they can establish they are "third party beneficiaries" to the FRAND commitments made to the SSO, not by the FTC. And, Qualcomm would have a right to jury trial.

Since Apple charges $75 more for an iPad with LTE than without, how much of that additional $75 should be fairly charged by QTL as royalties for all of those chip level inventions?

Qualcomm's Response and Brief In Opposition will be interesting and important.
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