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Technology Stocks : The New QUALCOMM - Coming Into Buy Range -- Ignore unavailable to you. Want to Upgrade?


To: mindykoeppel who wrote (925)8/16/2007 12:34:26 PM
From: rkral  Respond to of 9132
 
"are you saying that Qcom which does have essential patents in GSM/EDGE took part in those standard body meetings and did NOT disclose that they had these essential patents until after the standard was set and then they later sued?"

It sure looks that way. Qualcomm declared most of the patents in the QCOM vs NOK suit (in San Diego) on Oct 14, 2005 (see Eric L.'s link). The suit was filed Nov 4, 2005.

If the standard was "set" as late as Oct 14th, IMO there is no way Nokia would be shipping infringing product less than three weeks later.



To: mindykoeppel who wrote (925)8/16/2007 12:49:27 PM
From: Eric L  Read Replies (3) | Respond to of 9132
 
The Fox in the Henhouse ...

Mindy,

<< ... are you saying that Qcom which does have essential patents in GSM/EDGE took part in those standard body meetings and did NOT disclose that they had these essential patents until after the standard was set and then they later sued? Is that what you are saying. >>

I'm saying that they MAY have CERIFIABLE essential patents in GSM/GPRS/EDGE that they declared and then selectively asserted after the applicable GSM/GPRS/EDGE standards were set. They have declared patents, some aspects of which they feel are, or may be, essential to GSM/EDGE, in which case every manufacturer of GSM/GPRS/EDGE user equipment would necessarily be infringing at least some of their GSM/GPRS/EDGE declared IPR, and should have a license from QUALCOMM specifically for standalone GSM/EDGE as well as GSM/EDGE in a multimode UMTS implementation. Because QUALCOMM is an ETSI member, a 3GPP member, and an active participant in 3GPP GERAN whose standards are still being evolved in parallel with the 3GPP 3G (UMTS) standards and they are currently making contributions to that TSG, any manufacturer is at risk without such a license, even if the declared essential patents they have already declared and asserted are subsequently judged to be invalid, unenforceable, non-essential or non-infinging.

Best,

- Eric -