To: LarsA who wrote (144507 ) 8/25/2006 10:54:49 AM From: Jim Mullens Respond to of 152472 Lars, Re: QCOM GSM v NOK and- “Nokia and Q had talks about this IPR long before, ” Agreed. As has been publicly stated, the NOK license extension has been on the negotiating table for quite some time.”...How Q was able to install the sword is the issue, I guess.” I don’t believe it was a matter of Q installing the sword at all. It appears that- + NOK and the GSM folks simply needed a method to provide better data capabilities and other enhancements within GSM to make it technological competitive with the newer / more advanced CDMA2000 products. + NOK also being in the CDMA business recognized key elements in CDMA/ CDMA2000 that would serve their needs in extending the competitiveness of GSM via GPRS/ EDGE upgrades and simply “borrowed” a few of those techniques that just happened to reside in CDMA products. One would think that if there were alternatives other than those patented by the Q in CDMA, NOK would have used such, but apparently there weren’t as the Q stated >>>” . Nokia's GSM, GPRS and EDGE standards-compliant products unavoidably infringe QUALCOMM's patents surrounding these inventions that have become essential to the GSM family of standards.” . So, apparently (conveniently) they just incorporated the Q’s CDMA IPR into the GSM family of standards. Questions / comments>>>> 1. We know the QCOM CDMA IPR patent dates from the UBS report, but do we know the dates when such Q IPR was officially incorporated in the ***GSM family of standards*** and who (NOK ??) Officially inserted such? 2. Is the patent holder officially notified when its patents are incorporated into a standard, and if so when was the notification? 2.a. When did the Q know its IPR was incorporated into GSM, and is it required at that time (or anytime) to notify parties using such that they are doing so without a license agreement? Note- In NOK's case, use in GSM is not a license violation as long as the product is not a standalone GSM device. 2.b. When the Q first knew its IPR was incorporated into the GSM standard, **IF required ** to notify those parties without a license to use such in a standalone GSM mode, did it do so in a timely manner? 2.c. if notice was given, was it subject to “good faith” negotiations re: NOK’s license extension? 2.d. if part of such NOK license extension negotiations, was the Q asking for added compensation for use in standalone GSM products or offering to forgive such in return for other meaningful items? + higher royalty rate + perpetual license term + complete 3rd party pass-thru rights + volume QCT ASIC buys + cessation of hostile acts / instigation of such (PRs, verbal disparagement of QCOM/ CDMA, etc) 3. Did NOK not realize its Q license (original & 2001 extension) excluded use of Q’s IPR in standalone GSM products? And, If it did not (would not publicly admit such a blunder), when did it come to realize such. 3.a. Did NOK know its Q license excluded standalone GSM products, and willfully incorporated Q’s CDMA developed IPR into the GSM standard?