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


To: patrickp who wrote (75505)3/15/2008 10:16:12 AM
From: JeffreyHF  Read Replies (1) | Respond to of 197226
 
Patrick, if "fully paid up" were simply the patent exhaustion doctrine, as you suggest, why would Nokia's spin machine be only claiming it applies to some "earlier patents"?



To: patrickp who wrote (75505)3/17/2008 1:14:50 PM
From: JGoren  Respond to of 197226
 
You are talking about patent exhaustion: "For example, NOK argues that if chip maker XYZ pays royalty rights to QCOM for CDMA chips they make, then that payment "pays up" all royalty obligations. And when NOK uses those chips from XYZ to make/sell CDMA phones, they argue that they shouldn't have to also pay royalties to QCOM because XYZ has already paid them." If you are right, then Nokia's argument is very vague and unclear. From what I have seen, Nokia is arguing that under its license agreement, no value should be given to older patents that are "paid up." That is a different argument from patent exhaustion.