To: Stock Farmer who wrote (75879 ) 3/27/2008 11:49:38 AM From: planetsurf Read Replies (1) | Respond to of 197227 Basically you are saying that a royalty bearing license agreement in favor of Qualcomm is FRAND, and a non-royalty bearing mutual cross licensing agreement is FRAND, and a royalty bearing license agreement in favor of Broadcom is FRAND, right? Yes, yes and yes. It's called negotiation . QCOM has shown they can be perfectly Reasonable ... trading IP with TI being a case in point. Q originally probably offered their standard 5% to BRCM (not 6,7,8% -- a little dig at Q?) they said no. Q offered BRCM $25 million + 0% cross-license. BRCM says no. Q found that the few (relatively) patents BRCM holds are pretty important, offer a 0% cross-license plus $100mil, BRCM says no, we want more $ I has been rumoured BRCM wants pass-through rights to manufacturers that buy their chips -- so they won't pay anything to Q -- but I haven't seen that it writing yet so I think that needs to be left alone. Now, if Q DOESN'T need BRCM's IP anymore (from being forced into workarounds by the courts), the deal should go back to 5%, no? If BRCM doesn't have anything Q or their chip customers need isn't it fair that they get exactly the same deal that anybody calling Q without IP to horse trade gets? NOK on the other hand DOES have IP important to Q and DO pay (did pay) less than 5% -- it has been broken down to ~3.1%. AGAIN, Q has shown that they haven't abused their 'monopoly' situation by valuing others IP. Q has even stated that they are not sure they have enough important IP to charge their STANDARD 5% for ALL flavors of 4G, maybe creating a 2-3% standard rate! It all sounds pretty fair and reasonable to me.