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To: JGoren who wrote (147994)1/25/2007 4:05:10 PM
From: Jim Mullens  Read Replies (1) | Respond to of 152472
 
JGoren, Re: NOK option extension and >>

“NOK probably reads true deadline as April, 2008. The question is: If NOK exercises its option in April, 2008, does that insulate itself from April 9, 2007? If it does, how can Qcom obtain an injunction until 2008; the issue is not ripe?”

Please read Harvey’s post of Altman’s CC comments, and our discussion that follows

Message 23219490

To: mindykoeppel who wrote (59046)
1/25/2007 12:30:24 PM
From: Harvey Rosenkrantz
Read Replies (2) of 59069


I have copied below a paragraph from Steve Altman's discussion of
what is transpiring with Nokia. It is clear that one option they have is to extend the existing contract. This implies to me a continuing royalty stream under the same conditions as the existing contract. If they do not come to an agreement and Nokia does not exercise its extension option, then there would be a problem.

"Let me turn now to the status of our discussions with Nokia regarding extending their CDMA agreement by April 9, 2007. Although we have had discussions with them during the quarter, we have not made any significant progress and continue to feel it is unlikely that we will conclude such an extension by the April deadline. In July 2001, we entered into an extension with Nokia. Under that 2001 extension, Nokia agreed to pay royalties on WCDMA at the same rate as they pay CDMA2000. They also insisted upon and received an option to extend that 2001 agreement beyond 2007. If Nokia does not exercise its options by the April deadline, then we will have a 140 companies licensed under our intellectual property and paying us royalties, and we will have one company, Nokia that is unlicensed and infringing. Nokia will need a license under our patents in order to participate long-term in the CDMA market."