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


To: BDAZZ who wrote (61747)3/30/2007 2:42:55 PM
From: slacker711  Read Replies (3) | Respond to of 197306
 
But you can imagine QCOM agreeing to a clause that would allow Nokia to infringe for a year and a half with no consequences?

Yes, for two reasons....

1) If there was an explicit clause that voided the option due to Nokia infringing, Qualcomm would have stated that in an investor conference. They are only making the argument to the analysts because it is going to be dependent on getting a court to agree.

2) Could you have imagined that there was no punishment for violating the non-disclosure rule? TI's exec told the world about the royalty-free cross license and there was no penalty.

Slacker



To: BDAZZ who wrote (61747)3/30/2007 4:00:07 PM
From: JGoren  Respond to of 197306
 
Yes, I can imagine Qcom signing such a provision. Look, from what has been said in the past, NOK wanted the funny option timing. Qcom wanted NOK's signature so it agreed. The contract probably doesn't have any specific language dealing with the interim period, because both parties wanted it intentionally vague or undescriptive. NOK wasn't going to agree to be infringing or subject to injunction and Qcom didn't want to press the issue at the time. Therefore, it was intentionally left a little vague, thereby giving both parties a little wiggle room. Sometime, contracting parties want the contract not to be specific about a particular unresolved and perhaps unresolvable problem. Kinda like diplomacy in a treaty, it's left a little vague so each party can read what they want to into the holes.