Does this agreement not limit QCOM'S acces to IDCC CDMA and BCDMA technology?
It says CLEARLY that QCOM IS NOT LICENSED Based on these limitations, Qualcomm is not licensed under either all of our
patents that we believe are essential to 3G, including cdma2000, or all of the inventions which we believe will be essential and which are
contained in pending patent applications. The proportion of essential Company patents under which Qualcomm is licensed has diminished
substantially over time as the Company has been inventing and acquiring technology at an accelerating rate since early 1995.
Looks pretty clear here to me. How is it QCOM seems to go forward and
license what appears to be they under this agreement don't have a right
to.
Additionally, in 1994 we entered into a paid-up CDMA-based patent license agreement with Qualcomm, Inc. (Qualcomm) that is limited
in scope. The Qualcomm license excludes, among other things, any rights under our patents as regards TDMA standards, any rights under any of
our patent applications filed after March 7, 1995, any rights under the patents and applications subsequently acquired, such as was the case with
Windshift, and any rights to any patents relating to cellular overlay and interference cancellation. The Qualcomm license agreement grants
Qualcomm the paid-up right to grant sub-licenses under designated patent and patent applications to Qualcomm’s customers. For some of our
patents, Qualcomm’s sublicensing rights are limited to those situations where Qualcomm is selling ASICs to the customer. For a limited number
of patents as to which applications were filed prior to March 8, 1995, Qualcomm may grant licenses under such ITC patents regardless of
whether the customer is also purchasing an ASIC from Qualcomm. Based on these limitations, Qualcomm is not licensed under either all of our
patents that we believe are essential to 3G, including cdma2000, or all of the inventions which we believe will be essential and which are
contained in pending patent applications. The proportion of essential Company patents under which Qualcomm is licensed has diminished
substantially over time as the Company has been inventing and acquiring technology at an accelerating rate since early 1995.
Certain existing license agreements may be renegotiated or restructured based on most favored licensee (MFL) or other provisions
contained in the applicable license agreement. MFL clauses typically permit a licensee
Can someone clear this up for me as it appears QCOM i8s violating the
hell out of their agreement.
JMO
Mickey
