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Technology Stocks : Qualcomm Incorporated (QCOM) -- Ignore unavailable to you. Want to Upgrade?


To: Stock Farmer who wrote (129329)5/27/2003 12:56:24 PM
From: qveauriche  Read Replies (3) | Respond to of 152472
 
As a lawyer, I know that a press release is not a contract. Even though I am not a securities lawyer, my common sense tells me that joint press releases on contracts between publicly traded companies cannot be misleading; nor can they be literally true but give rise to false impressions based on the omission of the relevant countervailing facts without the companies involved facing potentially severe civil, administrative, and perhaps even criminal sanctions.

Complex cross-licensing agreements can run as much as 100 pages plus, with perhaps only a couple of those pages (or a single exhibit) devoted to spelling out the royalty amount. When two companies jointly announce a licensing agreement and state that, "As part of the agreement..." one side will receive royalties without referencing any royalty to be paid to the other side, the reasonable inference the investing public is invited to make from that press release is that QCOM gets royalties and Nokia doesn't. And to further conclude that the reference to "As part of the agreement.." means "As part of the overall agreement", and not that there is a further part in the royalty provision itself alleviating or offsetting the royalties to QCOM.

Wouldn't you agree?



To: Stock Farmer who wrote (129329)10/15/2003 6:18:58 PM
From: qveauriche  Respond to of 152472
 
If the other "parts" of the deal were such that they dealt with royalties going the other way and thus would materially offset the royalties stated, it would be a lie by omission which is actionable as fraud under the common law of most states. I find it hard to believe it wouldn't run afoul of securities laws as well.