To: Bux who wrote (2511 ) 10/19/1999 5:51:00 PM From: quidditch Read Replies (1) | Respond to of 13582
With regard to the royalty on the subscriber device, or computer for example, it makes sense that the royalty be less as a percentage of the price of the device since a computor sells for much more than a phone and the functionality of the device extends beyond a wireless connection. But the overall royalty per device is likely to be much higher than for a phone because of the higher price of the computer. Hey Bux, Slacker, how are you guys doing? Two thoughts: Being conservative re. Q's bargaining power in asserting that it is due a royalty on the laptop (the "subscriber device" analogous to the handset), I would not go as far as you do in asserting that Q can command a royalty based on part or all of the ASP of the laptop in addition to ASIC sales revenues. I think Bux has the idea right when you point to the multi-function of the laptop. This is distinguishable from the CDMA handset's functionality (i.e., its value as a communications device), which is based squarely and primarily on Q's IPR and the CDMA radio interface. The laptop is a multi-functional appliance, one of whose apps (we hope) will be wireless connectivity, just as a CDRom or DVD drive is. While wireless connectivity should spur what will be lagging PC and laptop sales, I don't think that the economics and practice in the PC industry admits of royalties to a supplier of peripherals, RAM or apps based on ASP prices of the box in which they are installed, whether as OEM or add-ons. As wireless handsets become more multi-functional (and thus more like a multi-functional computer), for Q to assert such a position would invite manufacturers of browsers, smart memory cards, and other apps to negotiate a royalty based on ASP of the handset. Of course, we'll be out of the handset businss by that time, so we don't care. In any event, Q should do fine just selling ASICs to the box makers. As far as "a really bad situation" posited by a poster, the Q license language subjecting the license to termination in the event of a licensee's change of control (as with DSP and VLSI), is good and standard language. Before we assume that Q will drive a "hard" bargain with INTC, management will weigh the benefits of (i) refusing INTC a license (almost inconceivable), (ii) deriving high royalty rates (and implications for competitive prices and a solid relationship with INTC) versus (iii) enhancing the "CDMA adoption thesis" with a powerful partner like INTC (vs. trying to preserve as much ASIC share for itself as long as possible). I agree with Bux's statement [s]o far, Qualcomm management has shown excellent judgement when setting royalty rates....I have no reason to believe they will not show the same amount of acumen when negotiating royalties for other devices.... , except that I think ASICs is the operative word in the PC space. JMO Steve PS I was in Mexico last week; apologies if the above thoughts were expressed earlier. No chance to read the 1000 or so posts.