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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting
QCOM 164.53-0.4%3:59 PM EST

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To: VinnieBagOfDonuts who wrote (148853)9/2/2018 11:14:14 AM
From: JeffreyHF9 Recommendations  Read Replies (4) of 197208
 
Having now read the Motion, the FTC is claiming that since the TIA and ATIS are located in the U.S., the interpretation of obligations made to 3GPP and ETSI, under the controlling French law, are irrelevant, and U.S. courts should independently define FRAND obligations under U.S. law without regard to the intent and understanding of the overarching FRAND commitments made by Qualcomm to the primary international bodies. That seems specious and back-asswards to me. The derivative and collateral commitments made by Qualcomm to TIA and ATIS cannot be, and were not intended to be, more stringent than those made to ETSI and 3GPP, but rather their interpretation must be determined by French law, the interpretations of the relevant international bodies, and decades of industry custom and usage.
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