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

To: Art Bechhoefer who wrote (1106)	8/24/2007 5:09:51 PM
From: Eric L	Read Replies (2) \| Respond to of 9132

Brewster's Shot Heard Round the World Hello Art, << The Rambus royalties issue is interesting, and so is the EC response. But I don't see enough similarity between this issue before the EC and the Nokia-POS-QUALCOMM issue. >> I agree with you that unless one initial or amended claim of the 6 individual complainants (at least Broadcom, or Nokia specifically in this context) deals with threats of asserting tardily declared GSM/GPRS/EDGE essential IPR if contract negotiation or renegotiation didn't settle on QUALCOMM dictated terms. QUALCOMM had only asserted those patents against Broadcom at the time of the filing of the original complaints 3 months earlier. They didn't assert them against Nokia until a few days after the complaints original filing. It should be noted, however, that once the EC DG-Comp starts an investigation of a company it does not have to limit its investigation to assertions in any original 3rd party complaint(s). They can initiate action on their own. They could of their own volition investigate QUALCOMM's GSM 'patent ambush.' << If the issue centers around WCDMA, then it's clear that QCOM did just the opposite of Rambus, insisting to the Europeans that QCOM IPR covered every flavor of WCDMA. >> None of the existing infringement actions initiated by QUALCOMM against Nokia including the four in Europe, involve WCDMA. I would be willing to bet at least a euro dollar to a croissant (since a US dollar won't buy a croissant), however, that Commissioner Neelie Kroes, DG Philip Lowe and every member of the DG-Comp task force charged with the informal investigation of the QUALCOMM complaints has by now read Judge Brewster's opinion in the Broadcom matter. Moreover they will no doubt be watching GSM alleged infringement proceedings initiated by QUALCOMM against Nokia in Britain, Germany, Italy, and France very closely. << If, as I understand it, the issue is mainly whether QCOM charges a uniformly reasonable royalty rate ... >> The issues are broader than that and involve QUALCOMM's licensing practices. Have a great weekend. Best, - Eric -