To: CDMQ who wrote (13133 ) 7/30/1998 3:47:00 PM From: Jim Lurgio Read Replies (2) | Respond to of 152472
What you are missing we all are missing. Does Interdigital need Q'sIPR ? Is IDC pirating ? Things are still not clear .Some time back it was asked of Gregg Powers is Q's IPR will be used in the trial system that Samsung and Interdigital are building in Chonqging , China. I believe Gregg asked counsel at Q and responded that counsel belived Q's IPR would be involved. The paragraph below from the SEC filing by IDC tells the story of the suit between Q and IDC and also states that IDC don't believe Q's IPR will have to be used in their B-CDMA systems. Both parties use the word believe which leaves us not knowing who's on first. In 1994, ITC also entered into a CDMA cross-license agreement with Qualcomm Incorporated to settle litigation filed in 1993. In return for a one-time payment of $5.5 million, ITC granted to Qualcomm a fully-paid, royalty free, worldwide license to use and sublicense certain specified and then existing ITC CDMA patents (including related divisional and continuation patents) to make and sell products for IS-95-type wireless applications, including, but not limited to, cellular, PCS, wireless local loop and satellite applications. Qualcomm has the right to sublicense certain of ITC's licensed CDMA patents so that Qualcomm's licensees will be free to manufacture and sell IS-95-type CDMA products without requiring any payment to ITC. Neither ITC's patents concerning cellular overlay and interference cancellation nor its current inventions are licensed to Qualcomm. Under the settlement, Qualcomm granted to InterDigital a royalty-free license to use and to sublicense the patent that Qualcomm had asserted against InterDigital and a royalty-bearing license to use certain Qualcomm CDMA patents in InterDigital's B-CDMA products, if needed. InterDigital does not believe that it will be necessary to use any of such royalty-bearing or non-licensed Qualcomm patents in its B-CDMA system. In addition, Qualcomm agreed, subject to certain restrictions, to license certain CDMA patents on a royalty bearing basis to those InterDigital customers that desire to use Qualcomm's patents. The license to InterDigital does not apply to IS-95-type systems, or to satellite systems. Certain of Qualcomm's patents, relating to key IS-95 features such as soft and softer hand-off, variable rate vocoding, and orthogonal (Walsh) coding, are not licensed to InterDigital.