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


To: peterk who wrote (76332)4/15/2008 7:53:42 PM
From: Art Bechhoefer  Read Replies (1) | Respond to of 196958
 
if Qual wanted too they could sue for patent infringement right now

The licensing agreement between QCOM and NOK compels the parties to submit disputes to arbitration FIRST, before suing. That is why QCOM and NOK had to waive the arbitration clause in order for Judge Strine to consider some of the arbitration issues in his court. And the reason that QCOM was willing to waive the arbitration obligation appears to be connected with the unexpectedly long time for the arbitrators even to be selected, much less to study the issues.

NOK, on the other hand, would just as soon see these issues delayed as much as possible, giving the EC free rein to dump on QCOM if so inclined. On this point, however, I still disagree with virtually everyone who has made comments on this thread. QCOM is not MSFT, and the EC may not feel as impelled to stick it to QCOM as they have done to MSFT. We'll just have to wait and see on this one.

Art



To: peterk who wrote (76332)4/15/2008 9:03:51 PM
From: mindykoeppel  Read Replies (2) | Respond to of 196958
 
I think I remember a Conference Call in which someone from Q ( I hope NOT Lupin ) stated that Q was NOT infringing any Nokia IP. Please advise anyone and TIA



To: peterk who wrote (76332)4/16/2008 12:49:47 AM
From: pyslent  Respond to of 196958
 
On the contrary, Qual has been very close to the vest in stating whether or not they are infringing essential patents. Does Nokia have a contract with Qual regarding their IPR?

Not if you believe that the cross license ended with the expiration of the SULA (and was not tacitly renewed). Qualcomm's public comments have not been consistent with respect to using Nokia IPR. This was Qualcomm's first official mention of the Nokia contract's expiration (from Steve Altman):

"Likewise, unless and until the existing agreement is extended or a new agreement is concluded QUALCOMM's rights to sell integrated circuits under Nokia's patents will cease on April 9, 2007 under the terms of the current agreement."

seekingalpha.com