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Technology Stocks : Qualcomm Moderated Thread - please read rules before posting -- Ignore unavailable to you. Want to Upgrade?

To: carranza2 who wrote (57654)	12/12/2006 9:54:26 AM
From: Clarksterh	Read Replies (2) \| Respond to of 196507

Some time ago I suggested a disctinction be made between "foundational" and "essential" IPR, which I think is what you're talking about. Such a distinction would give more value to Q's patents. Unfortunately, I don't see that such a distinction has been made and accepted by the SSOs. ? Why would the SSOs care? Being the political bodies that they are I wouldn't want them adjudicating patents. In fact they have historically stayed out of that arena. The only thing they ask for is full disclosure. 'Essential' is only the tool that they use to ensure full disclosure. It is up to courts to decide relative value. You appear to be assuming that since the SSOs don't recognize value difference that the courts won't either - when in fact there is a lot of case law recognizing different values for different patents. What are the tests that the current courts use? I don't know, but I am sure there are some. (I would also bet money that Q will be travelling new ground to some extent.) Well, the problem is that if certain aspects of IPR are essential, then even the humdrum is required and has to be used as much as the truly innovative. No. You are missing the point. At the time the standard is being set(!!!) you have the choice of 100 patents for humdrum task x. So the value for any particular one is low (market forces). Essential needs to be judged at the time of standard setting if patents are to be worthwhile in performing the task that the law intends for them.