To: Bill Dalglish who wrote (3854 ) 2/11/2000 2:12:00 AM From: Gus Read Replies (2) | Respond to of 5195
Fascinating contrast of disclosures: Neopoint was obligated to disclose the sub-licensing rights involved in the 1994 IDC-QCOM cross-licensing agreement. Here are the excerpts that reveal more detail than the disclosures of IDC and QCOM:Message 12827090 Message 12827136 This is IDC's disclosure in the 3/31/1999 10K One of these licenses involved a CDMA cross-license agreement with Qualcomm, entered into in 1994 in settlement of litigation filed in 1993. In return for a one-time payment of $5.5 million...... .......ITC granted to Qualcomm a fully-paid, worldwide license to use and sublicense certain specified and then existing (but excluding defined after-filed and/or granted) ITC CDMA patents (including related divisional and continuation patents) to make and sell products for IS-95-type wireless applications, including, but not limited to, cellular, PCS, wireless local loop and satellite applications..... .....Qualcomm has the right to sublicense certain of ITC's licensed CDMA patents so that Qualcomm's licensees will be free to manufacture and sell IS-95-type CDMA products without requiring any payment to ITC. Neither ITC's patents concerning cellular overlay and interference cancellation nor its current inventions are licensed to Qualcomm. Under the settlement, Qualcomm granted to InterDigital a royalty-free license to use and to sublicense the patent that Qualcomm had asserted against InterDigital and a royalty-bearing license to use certain Qualcomm CDMA patents in InterDigital's B-CDMA products, if needed. InterDigital does not believe that it will be necessary to use any of such royalty-bearing or non-licensed Qualcomm patents in its B-CDMA system.In addition, Qualcomm agreed, subject to certain restrictions, to license certain CDMA patents on a royalty bearing basis to those InterDigital customers that desire to use Qualcomm's patents. The license to InterDigital does not apply to IS-95-type systems, or to satellite systems. Certain of Qualcomm's patents, relating to key IS-95 features such as soft and softer hand-off, variable rate vocoding, and orthogonal (Walsh) coding, are not licensed to InterDigital.......... In 1999, InterDigital entered into royalty bearing TDMA and CDMA patent licenses with Nokia, which are paid up generally through the project period, and provide a structure for determining royalty payments thereafter. This is the Qualcomm disclosure in the 11/17/1999 10K: Ericsson, Motorola and InterDigital have each advised the TIA that they hold patent rights in technology embodied in IS-95. Lucent and OKI Electric have claimed patent rights in IS-96. In accordance with TIA guidelines, each company has confirmed to the TIA that it is willing to grant licenses under its rights on reasonable and nondiscriminatory terms....... .......In connection with the settlement and dismissal of the Company's patent litigation with InterDigital, the Company received, among other rights, a fully-paid, royalty free license to use and to sublicense the use of those patents claimed by InterDigital to be essential to IS-95..... .....If the Company and other product manufacturers are required to obtain additional licenses and/or pay royalties to one or more patent holders this could have a material adverse effect on the commercial implementation of the Company's CDMA technology. That's the patent picture presented in the sworn statements of IDC, QCOM and Neopoint. Again, the more important point here is that Nokia and IDC have been working for close to a year now on fixed and mobile wireless solutions based on BCDMA technology, elements of which are being incorporated into the WCDMA standard. Keep in mind that IDC has consistently stated in its sworn filings that it does not need to use any of QCOM's technology. Next ITU meeting is scheduled from March 7, 2000 to March 10, 2000. Quicken over at the IDC Club was gracious enough to list down the similarities and differences between 3g CDMA2000 and WCDMA:ragingbull.com Again, the more important to keep in mind is that there are at least 6 R-E-A-L W-O-R-L-D WCDMA trials going on around the world in conjunction with some heavy duty abstractions about national and global frequencies so it is difficult for anyone to determine the final components of each of the 5 systems in the 3g family of standards. One can easily form an opinion, however, of the influence of the players like Nokia, Motorola and Ericsson in the standards process. Incidentally, has anyone been keep tabs of the way the Big 3 have been racking up billions of dollars in TDMA/GSM infrastructure sales? Remember the sequence: follow the infrastructure sales then the initial handset sales then the handset upgrade sales to get a more realistic idea of the dynamics of scale in motion on a daily basis.