To: slacker711 who wrote (59088 ) 1/26/2007 11:09:05 AM From: Jim Mullens Respond to of 197351 Slacker, Re: QCOM / NOK 2001 License extension- no plausible explanation, and >>> "Absolutely agree....and it brings up some ugly questions about the strength of Qualcomm's bargaining position. The only way they should have agreed to this in '01 is if they were substantially weaker than any of us ever imagined." FWIW, I posted this sometime back>>>> NOK 2001 license- It’s difficult for me to remember all that was going on QCOM / CDMA wise in 2001, but I imagine it was tense then also. WCDMA was in its infancy with only 27 thousand handsets being sold, yet as the acknowledged world standard and successor to world dominant GSM, the Q’s future was based on continued development / deployment of WCDMA networks. No doubt, a long / drawn out legal battle with NOK at that time, with little entrenchment (sound footing) of WCDMA, would have likely driven the stake thru WCDMA soon after its long awaited birth. Given the above, NOK’s license was expanded to include all CDMA infra / handsets at apparently the same royalty rate, while the Q was granted rights to NOKs CDMA related and other patents including multi-mode GSM) IC’s, seemingly very favorable terms to the Q at that time. IMO, although painful as it now is, its is much better to fight the battle now with WCDMA firmly entrenched and HSDPA/ HSUPA not far behind, than to have fought it then with much less at stake by the GSM incumbents. IMO, the Q’s case is on much stronger footing now with the precedent setting 2001 NOK license encompassing WCDMA at the same royalty structure as originally agreed to for basic CDMA. If that WCDMA license was FRANDly to NOK then, knowing what NOK new then, and given the Q’s added essential (HSDPA/ HSUPA, etc) IPR enhancements, it should be even more FRANDly now. Also of significance but not written of in the press, NOK has acknowledged that- + GSM-GPRS/EDGE utilizes the Q’s IPR + NOK does not have a Q license to mfg/ sell such + As such, has since 2001 and currently is infringing on QCOM IPR. BTW should also mention- NOK back in 2001 waited until the last minute to sign that license .