To: D.J.Smyth who wrote (3946 ) 2/15/2000 1:15:00 PM From: Bux Read Replies (1) | Respond to of 5195
What makes you think I am confusing the '94 Qualcomm/IDC agreement with (I assume you mean) the license agreement Qualcomm has with NeoPoint? License agreements are not normally filed with the SEC but IPO disclosures always are. Neopoint was disclosing to the SEC and to investors the facts that could materially affect their ability to do business and these statements are sworn and signed. Are you now claiming they are inaccurate? Then you re-iterate that CDMA2000 was non-existent when the '94 agreement was created. You still believe that an agreement can not apply to future technologies but you are wrong. Of course future technologies can't be referred to by name since they don't have one, but it is common for license agreements to define the allowed uses within certain technical and/or geographical parameters and thus avoiding having to specifically name technologies that don't exist yet. Since it appears you still don't understand maybe this simple geographical example will help. A manufacturer wants to license their technology to another company but they don't want the licensee to compete with them in their home market of Brazil. So the license is drafted to allow use of the technology in every country except Brazil. The license doesn't have to name every country in the world except Brazil and newly incorporated countries are included in the license. This appears to be the way the '94 agreement was structured, not by listing the names of every technology that is allowed, but by defining certain technical specifications under which the use of the licensed IPR is allowed, ie., under 10MHz and I'm sure there are others. Incidentally, both W-CDMA and CDMA2000 will be under 10MHz. Darrell, please explain, in this context, just what is the significance of your repetitive claim that CDMA2000 didn't even exist in 1994? You then say that IDC doesn't need CDMA2000 to succeed and that WCDMA is key. WCDMA is also under 10MHz, could W-CDMA also fit within the allowed uses of the '94 agreement? Bux