To: waitwatchwander who wrote (61218 ) 3/21/2007 12:18:19 PM From: Eric L Read Replies (1) | Respond to of 196987 Patent Pools and Patent Platforms NS, << At this point in time, it is very important that Qualcomm (and the industry) build a workable cross patenting process with Nokia. I do think Qualcomm's patent pool approach makes a lot of sense ... >> It does to QUALCOMM. Considerable effort was expended by the major (and many minor) players in mobile wireless telephony (both operators and manufacturers) between mid-1998 and 2002 end, to build a workable patent licensing process. Those efforts were made in the UMTS Intellectual Property Rights Working Group, the UMTS IPR Association, and the 3GPP. Even QUALCOMM participated for a short period of time after it agreed to be bound by ETSI's IPR Policy some 1½ years after it joined the ETSI. The result of these efforts is a patent platform, and a patent platform is a hybrid of the traditional bilateral patent licensing process and a patent pool. While more structured it retains key elements of bilateral negotiation and because it does it is considerably more flexible than a patent pool which has fixed price and terms. The platform is the W-CDMA Patent Licensing Programme and it earned approval by the Japanese Fair Trade Commission, the European Commission, and the U.S. Department of Justice, Antitrust Division in 2002. In order to gain those approvals its scope was limited only to essential patents even though non-essential patents potentially have commercial value, and to a single technology WCDMA (UTRA FDD) and its extensions (HSPA/HSPA+ and possibly LTE) and not CDMA and other technologies in the evolving CDMA2000 family, and non-3GPP implementations of OFDM/OFDMA. One of the most important aspects of the Program in addition to a Standard Licensing Agreement whose terms can be modified by licensor/licensee or cross licensors, and an Interim Licensing Agreement is that patents claimed to be essential must be certified as essential by an independent neutral third party body, and that party is the International Patent Evaluation Consortium (IPEC), which groups 15 patent law firms in China, Japan Korea, Australia, France, Germany, Italy, the UK and the United States. Only one of the complainants (NEC) to the EC DG for Competition have joined the Program. Current licensors of essential WCDMA IP holders that have joined the Program are Detecon International, ETRI, France Telecom (Orange), Fujitsu, KPN, NEC, NTT DoCoMo, Mitsubish, Siemens, and Sharp. Notable non-participants even though many had considerable inputs into its formation are Ericsson, InterDigital, Matsushita, Motorola, Nokia, and of course QUALCOMM. The Programs's latest press release accompanied by 35 slides is here ... 3glicensing.com << At this point in time, it is very important that Qualcomm (and the industry) build a workable cross patenting process with Nokia. I do think Qualcomm's patent pool approach makes a lot of sense ... >> It does to QUALCOMM. The rest of the industry is not quite ready to have QUALCOMM be the R&D aggregator, or the IPR aggregator, for the industry. There is a very viable and workable patent licensing process available for 3GPP WCDMA and its extensions, but it runs counter to QUALCOMM's and InterDigitals business model, and so long as it does, other major patent holders of WCDMA/HSPA/HSPA+ are not interested in using it as a solution to a major industry problem. As a consequence what you call QUALCOMM's "Patent Pool," QUALCOMM's licensing practices are being subjected to scrutiny by competetition authorities in the EC, Korea, and Japan. Best, - Eric -