To: limtex who wrote (62232 ) 4/9/2007 1:50:18 AM From: JGoren Read Replies (1) | Respond to of 197013 For one thing NOK has stated the usual rates for 1, 2, 3 and more patents. The price goes up. Second, I think it was the Delaware court opinion throwing out part of NOK's case that discussed that it's okay to bundle patents and more efficient (less costly in the long run) to license them that way. Obviously, Qcom cannot charge for expired patents. Now, I assume that you meant the core cdma patents that are essential to wcdma. I would assume there are other essential patents that have not expired; after all Qcom had to come to Europe's rescue and tell it how to make UMTS work when NOK's efforts failed. Someone familiar with the technology probably can identify what Qcom invented especially for wcdma. Nevertheless, I don't think any of the patents have expired yet. Part of NOK's strategy appears to be delay until some of them do. We really don't know what "paid up" means. Just because nothing is owed on an old licensing agreement doesn't mean that at some point NOK does not need a new license agreement under which it pays royalties. We just don't know the details. Bottom line, Qcom's position, I think, is that whatever patents it has that were not the old ones are so essential that basically nothing has changed as to their value other than they are more valuable. That is not unreasonable. If I invent something and there is virtually no use in the market place for it right now, I won't be able to command a high royalty rate. But, if the market develops, when it comes time for a new license, the patent or follow up patents would be a lot more valuable because of the revenue they can help generate. Take the hypothetical of the gasoline combustion engine. If it's invented in the horse and buggy days, initially it may not have a lot of value. But as automobiles become a big deal, then the engine patent is a lot more valuable and if I have invented the spark plug and a superduper carburetor, those patents can certainly command the same price the expired engine patent commanded.