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


To: JeffreyHF who wrote (68758)9/13/2007 12:23:05 PM
From: haroldS  Respond to of 197400
 
Do the Buyer's of Qualcomm ASICs purchase them at their own peril?.. Also..can Broadcom now seek Monetary Infringement of the ITC Patent in a District Court..Notwithstanding the fact that the Patent will expire before the Final Judgement?

Qualcomm never represented to anyone that they owned or had rights to IP that was neither patented by them, nor licensed to them. Therefore, I doubt the validity of your premise, that Qualcomm agreed to indemnify anyone as to damages arising from patents belonging to Broadcom..



To: JeffreyHF who wrote (68758)9/13/2007 1:15:04 PM
From: talksfree  Respond to of 197400
 
Actually, if you were to ever see the license agreements between Qualcomm and third parties, you will see that Qualcomm would have represented to the licensee third party that Qualcomm owns all the IP that is being licensed from Qualcomm to make chips (or licenses the IP from third parties so it has the right to put the IP in the chips). Qualcomm would also have represented that the IP Qualcomm licensed for use in the chips does not infringe upon anyone else's. This is standard in the industry. Companies do not license IP from other companies without such representations and a corresponding indemnification and hold harmless agreement that provides that if the IP that is being licensed does, in fact, infringe upon anyone else's IP, the Licensor will hold the licensee harmless from the claims by the third party.