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

To: Q8tfreebe who wrote (144476)	8/23/2006 8:51:30 PM
From: jackmore	Respond to of 152472

Here's the heart of the issue: To Q, FRANDly means 5%; to Nokia, FRANDly means 0%.

To: Q8tfreebe who wrote (144476)	8/24/2006 8:22:07 AM
From: rkral	Read Replies (2) \| Respond to of 152472

"Only if QCOM was actively participating in the applicable standards setting process ..." You are engaging in wishful thinking. Qualcomm has declared essential IPR to ETSI for at least 13 of the 15 patents involved in the Qualcomm vs. Nokia suits before the ITC and the U.S. District Court, Southern District of California. See Eric L.'s posting of the 15 patents and ETSI declaration info here ... Message 22726790 Look at the ETSI "IPR Information Statement and Licensing Declaration Form" used by all members to declare essential IPR. Near the bottom of page 1 you will find ... "The SIGNATORY and/or its AFFILIATES hereby declare that they are prepared to grant irrevocable icenses under the IPRs on terms and conditions which are in accordance with Clause 6.1 of the ETSI IPR Policy, in respect of the STANDARD, to the Extent that the IPRs remain ESSENTIAL." -- etsi.org Clause 6.1 of the IPR Policy ... "When an ESSENTIAL IPR relating to a particular STANDARD or TECHNICAL SPECIFICATION is brought to the attention of ETSI, the Director-General of ETSI shall immediately request the owner to give within three months an undertaking in writing that it is prepared to grant irrevocable licences on fair, reasonable and non-discriminatory terms and conditions under such IPR to at least the following extent: - MANUFACTURE, including the right to make or have made customized components and sub-systems to the licensee's own design for use in MANUFACTURE; - sell, lease, or otherwise dispose of EQUIPMENT so MANUFACTURED; - repair, use, or operate EQUIPMENT; and - use METHODS." [emphasis mine] -- etsi.org Then you can look up each of those 13 patents in the ETSI IPR database and see the following note: "The SIGNATORY and/or its AFFILIATES hereby declare that they are prepared to grant irrevocable licences under the IPRs on terms and conditions which are in accordance with Clause 6.1 of the ETSI IPR Policy, in respect of the STANDARD, to the extent that the IPRs remain ESSENTIAL." -- webapp.etsi.org I see no exception for those not actively participating in the standard setting process. If you do, please point it out to this board.