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Now that Intel is under investigation on multiple fronts...
... by the EU and Japan, I can't help but wonder if this will move us forward with Intel or not. I would think that due to the anti-competitive practices that are being levied against INTC that they might change course and take care of PTSC, though it is only small for them, it might be a nice gesture.
Drat! I was hoping for some dips into the sub-.16 area...
... looks like it based higher. I'll be watching though.
I suspect we will be able to figure out the terms...
... from AMDs next quarterly filing.
ADVANCED MICRO DEVICES
and
PATRIOT SCIENTIFIC CORPORATION
--------------------------------------------------------------------------------
PATENT PORTFOLIO LICENSE AGREEMENT
--------------------------------------------------------------------------------
1
EX-10.39 2nd Page of 8 TOC 1st Previous Next Bottom Just 2nd
THIS AGREEMENT made and entered into this February 21, 2005 (the Effective Date)
by and between Patriot Scientific Corp., a Delaware corporation having an office
at 10989 Via Frontera, San Diego, California 92127 (hereinafter "PTSC") and
Advanced Micro Devices Inc. a Delaware corporation, having an office at 5204
East Ben White, Austin, Texas 78741 (hereinafter "Licensee") including Spansion
Inc. and all current Affiliates of AMD and Affiliates formed by AMD over the
course of this Agreement for which AMD owns or controls more than 50% of the
shares, board seats, or equity in the entity. This Agreement shall apply to all
current AMD Affiliates, in the same manner it applies to AMD, for the term of
this Agreement even if these legal entities cease in the future to be an
"Affiliate" of AMD, as defined above.
WHEREAS, PTSC owns certain U.S. patent rights, as defined herein, relating
to high performance, low cost microprocessors and has the right to enter
into the Agreement and grant the license granted herein;
WHEREAS, PTSC is involved in litigation to enforce PTSC Patent Rights
(defined herein) in the U.S. District Court for the Northern District of
California (PTSC v. Fujitsu et al, No. C035787SBA and Intel v. PTSC, No.
C040439SBA) and to correct inventorship of same (PTSC v. Moore et al, No.
C0400618JF) (the "Pending Litigations").
WHEREAS, Licensee desires to obtain a license to PTSC Patent Rights to
avoid litigation and has the right to enter into this Agreement; and
WHEREAS, PTSC is willing to grant Licensee such an license upon the terms
and conditions set forth herein.
NOW, THEREFORE, intending to be legally bound, the parties hereto agree as
follows:
1.0 -- PTSC Patent Rights
1.1 "Other Patents" shall mean all Patents, not including the patents
covered by PTSC Patent Rights, in any country of the world including all
reissues, divisions, renewals, reexaminations, extensions, provisionals,
continuations, continuing prosecution applications and
continuations-in-part thereof, in each case then owned (in whole or in
part) or otherwise controlled by PTSC. Other Patents shall include all
Patents to which PTSC has the right to grant sublicenses at any time up
until five years from the Effective Date of this Agreement, provided,
however, that if such right to grant sublicenses is subject to payment to
a third party (other than a PTSC Subsidiary, agent, or an employee of PTSC
or a PTSC Subsidiary), such Patent or patentable invention will be deemed
to be a Licensed Patent only if LICENSEE agrees to bear such payment or
otherwise arranges terms with the third party that removes the obligation
of payment on PTSC.
1.2 "PTSC Patent Rights" shall mean: the U.S. Patents listed in Appendix A
attached hereto and made a part hereof and any continuation,
continuation-in-part or divisional of any such application, the patents
issuing thereon, and any reissue, reexamination or extension of any such
patent, and any patent application or patent corresponding to such patents
which are filed or hereinafter issued in any country;
2
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1.3 "Patents" shall mean all classes and types of patents, design patents,
utility models, invention disclosures, or like instruments conferring
similar rights (filed or issued) and all applications therefore in all
countries of the world.
2.0 -- Confidentiality
2.1 Confidential Information. For a period of seven (7) years following
first disclosure thereof, each party shall maintain in confidence the
confidential information of the other party (including samples) disclosed
by the other party and identified as, or acknowledged to be confidential
(the "Confidential Information") at the time of disclosure, and shall not
use, disclose or grant the use of the Confidential Information except as
licensed herein or on a need-to-know basis to those directors, officers,
affiliates, employees, permitted licensees, permitted assignees and
agents, consultants, clinical investigators, contractors, or other people
or entities reasonably needed in connection with such party's activities
as expressly authorized by the Agreement. To the extent that disclosure is
authorized by the Agreement, prior to disclosure, each party hereto shall
obtain agreement of any such Persons to hold in confidence and not make
use of the Confidential Information for any purpose other than those
permitted by the Agreement.
2.2 Permitted Disclosures. Except as otherwise set forth in Section 7.2
herein, the confidentiality obligations contained in Section 2.1 above
shall not apply to the extent that (a) any receiving party (the
"Recipient") is required (i) to disclose information by law, order or
regulation of a governmental agency or a court of competent jurisdiction,
or (ii) to disclose information to any governmental agency for purposes of
obtaining approval to test or market a product, provided in either case
that the Recipient shall provide written notice thereof to the other party
and sufficient opportunity to object to any such disclosure or to request
confidential treatment thereof; or (b) the Recipient can demonstrate that
(i) the disclosed information was public knowledge at the time of such
disclosure to the Recipient, or thereafter became public knowledge, other
than as a result of actions of the Recipient in violation hereof; (ii) the
disclosed information was rightfully known by the Recipient (as shown by
its written records) prior to the date of disclosure to the Recipient by
the other party hereunder; or (iii) the disclosed information was
disclosed to the Recipient on an unrestricted basis from a source
unrelated to any party to the Agreement and not under a duty of
confidentiality to the other party.
2.3 Terms of the Agreement. Except as otherwise provided in Section 2.2
and Section 7.2 hereof, or as required in order to operate in accordance
with applicable laws and regulations (e.g., disclosure to legal counsel,
accounting firms, etc.), LICENSEE shall not disclose any terms or
conditions of the Agreement to any third party without the prior consent
of PTSC. Notwithstanding the foregoing, during the term of this Agreement,
LICENSEE may disclose that it holds a non-exclusive license to PTSC
Patents Rights and Other Patents.
3
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2.4 Proprietary Rights. All ownership of patent rights, copyrights, trade
secret rights and other proprietary rights in the PTSC Patent Rights and
Other Patents shall remain with PTSC and their licensors, and no right or
license is granted to LICENSEE hereunder except for the non-exclusive
grants and covenants expressly set forth in Section 4.1 (a), (b), (c), and
(d) hereof.
3.0 - [***]*
3.1 [***]*.
4.0 -- License Grant and Release
4.1(a) PTSC hereby grants and agrees to grant to Licensee, and Licensee
accepts, a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up
non-exclusive license under PTSC Patent Rights to practice the inventions
covered thereby in any manner and to make, use, have made, offer for sale,
import, and sell all products and services related thereto until the
expiration of the last to expire patent included in the PTSC Patent
Rights.
4.1(b) PTSC hereby grants and agrees to grant to Licensee, and Licensee
accepts, a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up
non-exclusive covenant not to assert under all Other Patents to practice
the inventions covered thereby in any manner and to make, use, have made,
offer for sale, import, and sell all products and services related thereto
until the expiration of the last to expire patent included in the Other
Patents.
4.1(c) The foregoing license grant and covenant of Sections 4.1(a) and
4.1(b) will extend to Licensee's customers who make, use, import, offer to
sell or sell products incorporating products purchased from Licensee where
any of the foregoing activities would, in the absence of a license,
infringe the PTSC Patent Rights or Other Patents.
4.1(d) PTSC hereby releases and discharges Licensee from all claims and
damages it may have against Licensee and its customers for past
infringement of PTSC Patent Rights or Other Patents.
4.1(e) For avoidance of any confusion, all third parties and individuals
that are not LICENSEE or Affiliates of LICENSEE as set forth herein obtain
no benefit from the license rights and covenants set forth herein unless:
(i) they are secured by AMD as partners or contractors of AMD doing work
for AMD so that AMD can exercise its rights under this Agreement or the
Ignite License Agreement (e.g., joint designs, foundries, etc.), and even
then the licenses and covenants applicable to these entities under this
Agreement shall extend only to the work done in conjunction with AMD; or
(ii) these parties have bought a product or service from AMD that is
licensed herein and/or subject to a covenant under this Section 4, in
which case the licenses and covenants shall only apply to that product and
service secured from AMD. AMD shall have no right to sublicense the rights
set forth herein independent of the products, joint collaboration, or
services that AMD provides. For further clarification, royalties are due
only under the Ignite License Agreement and then only for product that
incorporates or uses the tangible deliverables provided by PTSC. [***]*.
4
EX-10.39 5th Page of 8 TOC 1st Previous Next Bottom Just 5th
5.0 -- Payment
5.1 For the license granted to Licensee hereunder, Licensee shall pay to
PTSC [***]*.
6.0 -- Term and Early Termination
6.1 This Agreement shall continue in full force and effect commencing with
the Effective Date and continuing until the expiration of the
last-to-expire patent in PTSC Patent Rights.
Part 7 -- General Provisions
7.1 Except as required by law, neither PTSC nor Licensee shall originate
any publicity, news release, or other public announcement, written or
oral, whether to the public press, to stockholders, or otherwise, relating
to this Agreement to any amendment thereto or to performance here under or
the existence of an arrangement between the parties without the prior
written approval of the other party. Neither party shall use the name of
the other in any advertising, packaging or other promotional material in
connection with the sale of Licensed Product.
7.2 [***]*.
7.3 Neither party shall unreasonably withhold its consent or agreement
when such consent or agreement is required here under or is requested in
good faith by the other party here under.
7.4 This Agreement is unassignable by either party except with the prior
written consent of the other and except that it may be assigned without
consent to a corporate successor of Licensee or PTSC or to a person or
corporation acquiring all or substantially all of the business and assets
of Licensee or PTSC. PTSC shall ensure that any successor or assignee
agrees to any covenants set forth herein, else such assignment shall be
void.
7.5 All notices to be given by each party to the other shall be made in
writing by fax and confirmed by Registered or Certified Mail, return
receipt requested, and addressed, respectively, to the parties at the
following:
To PTSC: Patriot Scientific Corporation
10989 Via Frontera
San Diego, CA 92127
Attn.: Jeff Wallin, President
Fax No. 858-674-5005
To Licensee: Advanced Micro Devices Inc.
5204 East Ben White
Austin, Texas 78741
Attn: Harry Wolin, Senior Vice President
and General Counsel
Fax No. 512-602-4932
5
EX-10.39 6th Page of 8 TOC 1st Previous Next Bottom Just 6th
Any notice shall be effective as of its date of receipt.
7.6(a) This Agreement constitutes the entire agreement between the parties
and supersedes all written or oral prior agreements or understandings. No
variation or modification of the terms or provisions of this Agreement
shall be valid unless in writing and signed by the parties hereto.
7.6 (b) No right or license is granted by PTSC under this Agreement to
Licensee, or by Licensee to PTSC, either expressly or by implication,
except those specifically set forth herein.
7.6(c) Waiver by PTSC of any single default or breach or succession of
defaults or breaches by Licensee shall not deprive PTSC of any right
arising out of any subsequent default or breach.
7.6(d) All matters affecting the interpretation, validity, and performance
of this Agreement shall be governed by the laws of California applicable
to agreements made and to be performed wholly within California but the
scope and validity of PTSC Patent Rights or Other Patent shall be governed
by U. S. law.
7.7 The captions herein are solely for convenience of reference and shall
not affect the construction or interpretation of this Agreement.
IN WITNESS WHEREOF, PTSC and Licensee have caused this Agreement to be executed
in duplicate by their respective duly authorized officers.
Patriot Scientific Corp.
By: /S/ JEFFREY E. WALLIN
--------------------------------
Name/Title: Jeffrey E. Wallin
CEO
Date: February 21, 2005
Advanced Micro Devices Inc.
By: /S/ HARRY A. WOLIN
--------------------------------
Name/Title: Harry A. Wolin
Senior Vice President and General Counsel
Date: February 21, 2005
[***]* Confidential treatment has been requested for portions of this exhibit.
The copy filed herewith omits the information subject to the confidentiality
request. Omissions are designated as ***. A complete version of this exhibit has
been filed separately with the Securities and Exchange Commission.
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EX-10.39 7th Page of 8 TOC 1st Previous Next Bottom Just 7th
APPENDIX A
Patriot Patents:
Number Issued Title
------ ------ -----
US6598148 2003-07-22 High performance microprocessor having variable speed
system clock
US5809336 1998-09-15 High performance microprocessor having variable speed
system clock
US5784584 1998-07-21 High performance microprocessor using instructions
that operate within instruction groups
US5659703 1997-08-19 Microprocessor system with hierarchical stack and
method of operation
US5604915 1997-02-18 Data processing system having load dependent bus
timing
US5530890 1996-06-25 High performance, low cost microprocessor
US5440749 1995-08-08 High performance, low cost microprocessor
architecture
7
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APPENDIX B
Payment Schedule:
Date: Payment:
-------------------------------------
[***]*
Current Report · Form 8-K
Filing Table of Contents
Document/Exhibit Description Pages Size
1: 8-K Current Report 2 7K
2: EX-10.38 Material Contract 8 29K
3: EX-10.39 Material Contract 8 20K
4: EX-99.1 Miscellaneous Exhibit 2 6K
EX-10.38 · Material Contract
EX-10.38 1st Page of 8 TOC Top Previous Next Bottom Just 1st
EXHIBIT 10.38
LICENSE AGREEMENT
THIS Agreement is made and entered into as of this 21st day of February 2005
(Effective Date), by and between, Patriot Scientific, Inc., a Delaware
corporation, doing business at 10989 Via Frontera, San Diego, California 92127
(hereinafter referred to as PTSC) and Advanced Micro Devices Inc., a Delaware
corporation doing business at 5204 East Ben White Boulevard, Austin, Texas 78741
(hereinafter referred to as LICENSEE) including Spansion Inc. and all current
Affiliates of AMD and Affiliates formed by AMD over the course of this Agreement
for which AMD owns or controls more than 50% of the shares, board seats, or
equity in the entity. This Agreement shall apply to all current AMD Affiliates,
in the same manner it applies to AMD, for the term of this Agreement even if
these legal entities cease in the future to be an "Affiliate" of AMD, as defined
above.
WHEREAS PTSC is the developer of the IGNITE 32-bit microprocessor (hereinafter
referred to as the Licensed Microprocessor), and possesses certain design and
engineering drawings relating thereto, and other confidential and trade secret
information relating to the Register Transfer Level documentation of the IGNITE
microprocessor (hereinafter collectively referred to as the Licensed
Technology).
WHEREAS LICENSEE desires to acquire from PTSC a non-exclusive license to
manufacture, have made, design, and sell products containing the Licensed
Microprocessor.
WHEREAS PTSC is willing to grant such a license upon the terms and conditions
hereinafter set forth.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto mutually covenant and agree as
follows:
1. License
PTSC hereby grants and agrees to grant to LICENSEE a worldwide, irrevocable,
perpetual, non-exclusive license under LICENSEE's patent, copyright, trade
secret and other intellectual property rights in or related to the Licensed
Technology and Licensed Microprocessor to manufacture, have made, use, import,
create derivatives works of, display, perform, copy, distribute, offer for sell,
and sell any products containing the Licensed Microprocessor or any derivatives
thereof developed by or for LICENSEE or any portion of any of the foregoing
(hereinafter referred to as Products) and engage in any services related
thereto. PTSC hereby grants and agrees to grant to LICENSEE a worldwide,
irrevocable, perpetual, non-exclusive license under LICENSEE's patent,
copyright, trade secret and other intellectual property rights in or related to
the Licensed Technology and Licensed Microprocessor to use and copy the Licensed
Technology, any derivatives thereof, or any portion thereof to make Products or
perform any services as licensed herein. LICENSEE may sublicense the rights set
forth herein only to third parties (e.g., foundry, distributor, design
consultants, benchmark agencies, etc.) that assist LICENSEE in exercising any of
it's licensed rights set forth herein. LICENSEE may use or not use the Licensed
Technology in LICENSEE's sole discretion, and LICENSEE has no obligation to use
the Licensed Technology in any capacity. PTSC agrees to provide all deliverables
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EX-10.38 2nd Page of 8 TOC 1st Previous Next Bottom Just 2nd
to LICENSEE necessary to engage in the licenses and covenants provided herein
and in the separate Patent License. These deliverables include but are not
limited to all Ignite RTL and other high level language implementations, copies
of all GDSII files, gerber files, PCB information, test vectors, packaging
information, design rules, product tooling, special CAD software, databases,
simulation tools, software, compilers, development tools, and any other
information, software, or tangible required to exercise the rights granted
herein. If third party rights are needed to use any such deliverables, PTSC will
assist AMD in contacting such third parties and working with such third parties
to obtain all necessary rights.
2. Licensing Royalties, Payment, Use of License
2.1 During the term of this Agreement, LICENSEE shall maintain complete
records of Products that are subject to royalty under this Section and are
manufactured, distributed, sold or given away. These records shall be available
for audit, on reasonable notice by a representative of PTSC, per Section 4.
2.2 Running Royalty. LICENSEE shall aggregate a royalty for every Unit
sold as set forth herein. LICENSEE will aggregate such royalties over each
calendar quarter and shall make payment of such aggregated royalties to PTSC net
forty-five (45) days from the end of each calendar quarter. A royalty under this
Agreement shall only be due for Product that was actively derived and designed
from direct use or incorporation of Licensed Technology or the Licensed
Microprocessor tangibles into the Product. Royalties shall be due for no other
Product and under no other circumstances. The royalty under this Agreement shall
be a royalty of [***]*."Sale" as used in this Section shall include any
commercial units given away by AMD for commercial use by another party, however,
"sale" shall not include the provision of reference design kits (RDKs) or like
development or beta products that are provided for the purpose of trying to
secure subsequent volume sales of Products from a partner or customer. "Sale"
shall also include the consumer end use of Product by AMD internal to their
operations.
2.3 License Issue Fee and Maintenance Fee. In consideration of the rights
granted herein LICENSEE shall pay to PTSC a License and Maintenance fee of
[***]*. Minimum Royalties. The Parties hereto mutually agree that there shall be
no minimum quarterly royalties.
2.4 The term Unit, for the purposes of this License Agreement, means an
integrated circuit Product in the form it is advertised and provided to
customers by Licensee. One Product is subject to one royalty regardless of the
extent of Licensed Technology or Licensed Microprocessors used within that one
Product.
2.5 Withholding Taxes. All amounts owing from LICENSEE to PTSC under the
Agreement and the Patent License are final amounts, and shall not be grossed-up
to account for any withholding taxes, value-added taxes or other taxes, levies
or charges with respect to such amounts, including United States taxes, payable
by LICENSEE, or any taxes required to be withheld by LICENSEE to the extent such
taxes are imposed by reason of LICENSEE having a permanent establishment in any
country or otherwise being subject to taxation by such country.
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3. Reports and Audits
3.1 Within forty-five days following the end of each calendar quarter
during the term of this agreement, LICENSEE shall deliver to PTSC the
appropriate running royalty payment and a statement duly verified by an
executive of LICENSEE setting forth, in detail, by Product number the specific
number of Units that were manufactured and/or sold during the preceding
quarterly period and subject to royalty. Said detailed statement shall include
all information necessary, in combination with the current price list and
calculations, to justify the amount due for the reporting period. Such royalty
payment shall be made in U.S. dollars. In the event where no royalties are due
for two (2) consecutive quarters and it is reasonable to assume that no more
royalties will be due under this Agreement, then all reporting obligations
placed on LICENSEE under this Agreement shall cease as long as royalties are not
actually accumulating. Should royalties ever start to accumulate again the
future, LICENSEE shall restart quarterly reporting procedures under this
Agreement. AMD only has to begin reporting under this Agreement if the Licensed
Technology or Licensed Microprocessor deliverables begins to be used by AMD in a
commercial manner, else no reporting or payment is required.
3.2 In the event PTSC elects to audit the reported sales or royalty
payments and/or reports, made by LICENSEE such audits shall only be made after
30 days written notice to LICENSEE by PTSC and shall be conducted at LICENSEE
place of business. Audits cannot be conducted more than once annually.
4. Confidentiality and Proprietary Rights
4.1 Confidential Information. For a period of seven (7) years following
first disclosure thereof, each party shall maintain in confidence the
confidential information of the other party (including samples) disclosed by the
other party and identified as, or acknowledged to be confidential (the
"Confidential Information") at the time of disclosure, and shall not use,
disclose or grant the use of the Confidential Information except as licensed
herein or on a need-to-know basis to those directors, officers, affiliates,
employees, permitted licensees, permitted assignees and agents, consultants,
clinical investigators, contractors, or other people or entities reasonably
needed in connection with such party's activities as expressly authorized by the
Agreement. To the extent that disclosure is authorized by the Agreement, prior
to disclosure, each party hereto shall obtain agreement of any such Person to
hold in confidence and not make use of the Confidential Information for any
purpose other than those permitted by the Agreement. Each party shall notify the
other promptly upon discovery of any unauthorized use or disclosure of the other
party's Confidential Information, however, both parties agree to only assert one
of either breach of contract or misappropriation of trade secret claims (not
both) against a party in the event unauthorized use or disclosure of
Confidential Information.
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4.2 Permitted Disclosures. The confidentiality obligations contained in
Section 6.1 above shall not apply to the extent that (a) any receiving party
(the "Recipient") is required (i) to disclose information by law, order or
regulation of a governmental agency or a court of competent jurisdiction, or
(ii) to disclose information to any governmental agency for purposes of
obtaining approval to test or market a product, provided in either case that the
Recipient shall provide written notice thereof to the other party and sufficient
opportunity to object to any such disclosure or to request confidential
treatment thereof; or (b) the Recipient can demonstrate that (i) the disclosed
information was public knowledge at the time of such disclosure to the
Recipient, or thereafter became public knowledge, other than as a result of
actions of the Recipient in violation hereof; (ii) the disclosed information was
rightfully known by the Recipient (as shown by its written records) prior to the
date of disclosure to the Recipient by the other party hereunder; or (iii) the
disclosed information was disclosed to the Recipient on an unrestricted basis
from a source unrelated to any party to the Agreement and not under a duty of
confidentiality to the other party.
4.3 Terms of the Agreement. Except as otherwise provided in Section 6.2
above or as required in order to operate in accordance with applicable laws and
regulations (e.g., disclosure to legal counsel, accounting firms, etc.),
LICENSEE shall not disclose any terms or conditions of the Agreement to any
third party without the prior consent of the other party. Notwithstanding the
foregoing, during the term of this Agreement, LICENSEE may disclose that it
holds a non-exclusive license to the Licensed Technology.
4.4 Proprietary Rights. All ownership of patent rights, copyrights, trade
secret rights and other proprietary rights in the Licensed Technology shall
remain with PTSC and their licensors, and no right or license is granted to
LICENSEE hereunder except for the non-exclusive license expressly set forth in
Section 1 above.
5. Term
The term of this Agreement shall begin upon the date of execution hereof and
shall continue until all intellectual property under this Agreement has expired
or ceases to be enforceable.
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6. Termination
6.1 LICENSEE shall have the right to terminate this Agreement with or
without cause on thirty (30) days written notice to PTSC provided that LICENSEE
pays all fees then due and owed to PTSC. If LICENSEE is terminating for cause,
then LICENSEE shall state this reason for termination in the written notice
provided to PTSC.
6.2 If LICENSEE shall become insolvent, or shall make any assignment for
the benefit of creditors, or if LICENSEE is adjudged bankrupt, or if a voluntary
and/or involuntary bankruptcy is filed on behalf of LICENSEE, and/or if a
receiver and/or trustee of LICENSEE property shall be appointed, this agreement
shall immediately terminate and all orders in production shall be disposed of in
accordance with paragraph 6.3 below. No other orders shall be accepted for
manufacture without the approval in writing by PTSC. LICENSEE if unable to
manufacture said orders shall offer these orders to PTSC, at their option, to
produce said orders.
6.3 If this Agreement is terminated pursuant to paragraph 6.1 or 6.2
above, then, for a period of three (3) years following the effective date of
termination, LICENSEE shall have the right to complete any design activity in
progress at the time of termination but shall not begin any new design activity
using the Licensed Technology deliverables thereafter. If this Agreement is
terminated pursuant to paragraph 6.1 or 6.2 above, then, LICENSEE may continue
all support, marketing, and sale of products containing or using the Licensed
Technology or Licensed Microprocessor until the Products are end-of-lifed in
accordance with LICENSEE's then current end-of-life policy. However, all
products that continued to be sold by LICENSEE under this Section using the
Licensed technology deliverables shall continue to accrue the royalties and fees
set forth in this Agreement, unless this Agreement was terminated for PTSC's
breach of this Agreement. If this Agreement is terminated by LICENSEE for PTSC's
breach of this Agreement, LICENSEE shall be entitled to cease all royalty
payments to PTSC until the losses associated with PTSC's breach are recouped by
LICENSEE. And, any such recouped fees actually retained by LICENSEE hereunder
shall be offset against any monetary remedy that LICENSEE may later receive
against PTSC in law or equity.
6.4 The provisions of paragraphs 0, 0, 0 and 0 shall survive any
expiration or termination hereof. Section 1 shall also survive only to the
extent necessary for LICENSEE to perform in accordance with Section 6.3.
7. Assignment
Neither party shall assign any rights, duties or obligations of this agreement
or the subject matter of this agreement without the prior written consent of the
other party, which shall not be unreasonable withheld if the assignment will not
material impair the parties ability to conduct business after the assignment.
8. Sublicense
LICENSEE shall not sublicense or transfer in any way, any right, duty or
obligation under this agreement or the subject matter of this agreement unless
expressly set forth herein.
9. Representations and Warranties
9.1 Nothing in this agreement shall be construed as a warranty or
representation by PTSC as to the validity or scope of any patent or a warranty
or representation that anything made, used, sold, leased or otherwise disposed
of under any License granted in this Agreement is or will be free from
infringement of patents of third parties.
9.2 PTSC represents and warrants that:
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(i) it has the right to provide the licenses set forth herein;
(ii) it has not assigned, exclusively licensed, or transferred any
intellectual property rights within the last two years of the Effective
Date of this Agreement to another party or any affiliate or subsidiary
that claims or covers the Licensed Microprocessor or the Licensed
Technology;
(iii) any software and Licensed Technology provided under this
Agreement contains no open source software and was created with no open
source software of which LICENSEE was not notified of in writing prior to
the Effective Date;
(iv) there are no pending proceedings, mediation, arbitration, or
litigation before any court, tribunal, government office, or equivalent
authority anywhere in the world or any other adverse written claims or, to
the actual knowledge of PTSC, no such proceedings, litigation or adverse
claims have been threatened in writing, by any person or legal entity that
are related to the Licensed Technology and/or Licensed Microprocessor;
(v) to the actual knowledge of the PTSC, the use of the Licensed
Technology and Licensed Microprocessor, as conducted by PTSC up until the
Effective Date, does not infringe any intellectual property rights of any
other party.
(vi) the Licensed Technology and Licensed Microprocessor are free
from material defect(s), function in accordance with applicable standards
and documentation, and are manufactured within standard yields and
performance associated generally with the fabrication facilities used by
PTSC for a period of one (1) year from the Effective Date of this
Agreement.,
(vii) that all noncompliances of the Licensed Technology and
Licensed Microprocessor in the past have been corrected or subject to a
proper errata that has been provided to LICENSEE. PTSC agrees to
indemnify, defend, and hold LICENSEE harmless, at LICENSEE's option, for
any breach of any warranty under this Section 8.
9.3 PTSC shall be under no obligation whatsoever to institute suits to
prosecute infringers under any patent directed to products containing the
Licensed Technology nor shall PTSC be in any way responsible or liable to
LICENSEE for failure to prosecute infringers. If PTSC elects to prosecute any
infringers, the conduct of such suit shall be directed by and any recoveries
therefrom shall belong entirely to PTSC.
10. Liability
LICENSEE shall indemnify and hold PTSC harmless against third parties for any
and all claims relating to or arising from the use, manufacture or supply of
Products by LICENSEE, except to the extent such claim is based on content or use
solely of the Licensed Technology and/or Licensed Microprocessor as provided by
PTSC. Except with respect to breaches of confidentiality or indemnity
obligations, in no event shall either party be liable for any indirect, special
or consequential damages, such as loss of anticipated profits or any other
economic loss in connection with or arising out of this Agreement. Except for
breaches of warranty or indemnity obligations under this Agreement, the
aggregate liability of a party to this Agreement shall be capped at the total
amount paid by LICENSEE to PTSC under this and related Agreements.
6
EX-10.38 7th Page of 8 TOC 1st Previous Next Bottom Just 7th
13. Notices
All notices required or permitted under this agreement shall be in writing and
shall be effective upon receipt, and addressed to the respective parties at
their addresses set forth below or to any other address designated by the
parties at a later date.
LICENSEE PTSC
-------- ----
5204 East Ben White Boulevard 10989 Via Frontera
Austin, Texas 78741 San Diego, California 92127
Attn: General Counsel
14. Severability
Each provision of this Agreement is severable from all other provisions of this
Agreement and if one or more of the provisions herein is declared invalid, the
remaining provisions shall, nevertheless, remain in full force and effect;
provided, however, if any paragraph shall be declared invalid, LICENSEE and PTSC
shall execute, as soon as possible, a supplemental agreement to restore, to the
extent legally possible, the protection by said paragraph.
15. Attorney Fees and Choice of Law
This agreement shall be governed by and construed in accordance with the laws of
the State of California applicable to contracts made and to be performed wholly
in that State. Venue for the determination of any dispute or controversy or
claim between PTSC and LICENSEE, arising out of or relating to this License
Agreement or the breach, termination, interpretation, or invalidity thereof,
shall be proper in California. The prevailing party in any action to enforce or
otherwise interpret this Agreement shall be entitled to reasonable legal fees
and also for reimbursement of all other costs incurred in such an action.
16. Headings
The headings or titles of the paragraphs of this agreement are for convenience
only, are not a part of this agreement, and shall not be used as an aid in
construction of any provision thereof.
17. Waiver
No waiver of, acquiescence in or consent to any breach of or default under this
agreement shall be deemed a waiver of, acquiescence in or consent to any other
breach or default occurring at any time.
18. Counterparts
This agreement may be executed in several counterparts, each of which shall
constitute an original, but all of which together shall constitute one and the
same instrument. The headings contained in the agreement have been inserted for
convenience of reference only and shall not modify, define, expand or limit any
of the provisions of this agreement.
19. Complete Agreement
This document constitutes the complete agreement between the parties and
supersedes any prior understanding and agreements between and among them with
respect to the subject matter. There are no representations, agreements,
arrangements or understandings, oral or written, between the parties hereto
relating to the subject matter of this Agreement which are not fully expressed
herein. This Agreement shall not be amended or rescinded except by a further
written agreement execute by both parties.
7
EX-10.38 Last Page of 8 TOC 1st Previous Next Bottom Just 8th
IN WITNESS WHEREOF, LICENSEE and PTSC have caused this License Agreement to be
executed in duplicate originals by their duly authorized representative each of
whom in executing this document warrants his or her authority to bind their
respective company to this Agreement.
PTSC: Patriot Scientific, Inc.
A Delaware corporation
By: /S/ J.E. WALLIN
-------------------------------------
J. E. Wallin
Title: CEO
Dated: February 21, 2005
LICENSEE: Advanced Micro Devices
By: /S/ HARRY A. WOLIN
-------------------------------------
Harry A. Wolin
Title: Senior Vice President and
General Counsel
Dated: February 21, 2005
[***]* Confidential treatment has been requested for portions of this exhibit.
The copy filed herewith omits the information subject to the confidentiality
request. Omissions are designated as ***. A complete version of this exhibit has
been filed separately with the Securities and Exchange Commission.
After the first settlement the price to play can remain the same or go up. It doesn't go down. Further, now that AMD has validated the IP and gone even further than a traditional licensee by taking a position in preferred stock, I suspect that a number of other firms will step up to license.
This is really the start.
Dips will happen and when they do, I'll be there.
Ulrik, there are three possibilities as I see it...
1. Intel does nothing and take their chances in court, albeit AMD has the pockets to support the cause along with the law firm that has taken it on contingency.
2. Intel buys PTSC. The effect now that AMD has a position is unknown to me.
3. Intel licenses the technology.
Three Apple Engineers and Three Microsoft Engineers
Three Apple engineers and three Microsoft engineers are traveling by train to a conference. At the station, the three Microsoft engineers each buy tickets and watch as the three Apple engineers buy only a single ticket. "How are three people going to travel on only one ticket?" asks a Microsoft engineer. "Watch and you'll see," answers the Apple engineer.
They all board the train. The Microsoft engineers take their respective seats but all three Apple engineers cram into a rest room and close the door behind them. Shortly after the train has departed, the conductor comes around collecting tickets. He knocks on the rest room door and says, "Ticket, please." The door opens just a crack and a single arm emerges with a ticket in hand. The conductor takes it and moves on. The Microsoft engineers saw this and agreed it was quite a clever idea. So after the conference, the Microsoft engineers decide to copy the Apple engineers (as they always do) on the return trip and save some money.
When they get to the station, they buy a single ticket for the return trip. To their astonishment, the Apple engineers don't buy a ticket at all. "How are you going to travel without a ticket?" asks one perplexed Microsoft engineer. "Watch and you'll see," answers an Apple engineer. When they board the train the three Microsoft engineers cram into a rest room and the three Apple engineers cram into another one nearby. The train departs. Shortly afterward, one of the Apple engineers leaves his rest room and walks over to the rest room where the Microsoft employees are hiding. He knocks on the door and says, "Ticket, please..."
123infinity, I find it interesting...
... that AMDs legal council was quoted in the PR, and not someone else in the executive team.
Always follow the IP...
... AMD just validated the IP of PTSC. Now what will INTC do - settle, buy, or continue to infringe and run the risk of AMD funding a PTSC challenge?
Drudge is reporting that...
... Paris Hilton's phone was hacked and many celebrity phone numbers, emails, and addresses were posted on the web by the hacker/cracker. Hardware security is going to happen...
Re: the recent movement...
... It is my experience that leaks from Federal courts do not happen frequently, though they do happen. For the stock to be responding to such a leak I suspect some of us would also have heard about it. I have heard nothing.
I wonder if buying the company on the open market is not investors at all, but rather an acquiring company. After a 5% position, I don't know if it has to be disclosed for companies trading on the BB/OTC?
Another variation is a possible acquisition that has been leaked and the company is being bought by in-the-knows.
Not to rain on parades, but...
... IP cases like these seldom set up an investor to retire unless s/he has a rather large stake at the time of settlement.
Add to that, due to the float/outstanding, and any authorized but not realized shares, one should not expect or look for anything that is larger than 500% return on investment. If you get more than $1/share for this at settlement time then I shall be surprised.
Some scenarios to consider:
1. An early buy-out results in lower proceeds.
2. A trial for infringement will take a couple of years and a higher settlement can come just prior to completion of the case.
3. A trial for infringement will result in damage awards (or not) to PTSC. Infringer appeals and another couple of years go by before a settlement (or not).
In any case, if one is looking for a quick exit and 'home-run' on this company, in my opinion, you are going to be made unhappy.
In my opinion, buy some shares that will tie up some of your capital and tuck it away and forget about it. In a year or two (assuming no quick settlement) you MIGHT be rewarded with a 500% ROI.
Cheers!
BaNosser... 30-60 days? eom
NORTH AMERICA
1. Apple
2. Google
3. Target
4. Starbucks
5. Pixar
In N.America, Apple #1 and Pixar #5. Jobs has taught a lesson.
raoul, re: your question...
...I have a very small position now that will ride down or up.
Movies + Mac Mini = ... ?
Mini Me
The New Mac Mini is All About Movies
By Robert X. Cringely
Steve Jobs is so enigmatic. A couple weeks ago at MacWorld, he introduced the 2.9 lb. Mac Mini and the reaction was so great it was like he had re-invented the PC. Readers are all excited by the little box and have been asking me for my take on it. Like everyone else, I had to scratch my head a bit and ponder what this thing is really for. I know, I know, it is for all those PC drivers who bought an iPod and are now supposed to trash their Windows PC for a Mac Mini. Yeah, but what's it REALLY for? Movies.
The Mac Mini is one of Apple's trademark technology repackaging jobs. There ought to be nothing inherently exciting about the little box. It isn't especially powerful. You can buy smaller Windows and Linux machines. You can buy cheaper Windows machines from all the big brands. Yet the Mac Mini has people excited and those other PCs mainly don't. Some of it is industrial design -- it just looks cool. Some of it is commercial psychology: by forgetting the keyboard and mouse Apple not only saved money, it invented a whole new computer configuration between a barebones box and a complete system. Other keyboard-and-mouseless systems will soon appear from other vendors, I promise you, but they'll just be seen as copies.
I'll buy one. I have an old 400 MHz iMac in the kitchen that is begging to be replaced. Lots of Mac users will buy a Mini just to have one, which is why Jobs didn't really have to tell a big story to explain the little box, nor did he (yet) have to follow the aggressive pricing plan I suggested in my 2005 predictions. He'll sell the first half million just on exuberant inertia. But then sales might drop off as they did with the original Mac. THAT's when we'll get the real story on what this thing is for.
Everyone seems to think the Mini is a media PC, and it has the basic characteristics of one. Though the box has no TV tuner, Apple does offer an analog adapter. And you can burn DVDs with it if you get the optional DVD burner. Still, there were hints in that MacWorld presentation of something bigger to come, and the Mac Mini is a big part of that.
Here's my thinking, and it is just thinking -- I have no insider knowledge of Apple's plans, I haven't been diving in any Cupertino dumpsters, and nobody who knows the truth has told me a darned thing. I think the Mac Mini is a fixed component in a system that will extend iTunes to selling and distributing movies.
The first hint came to me a day or so before the MacWorld show when right at midnight my computer stopped playing Apple movie trailers. The only way to watch QuickTime movie trailers (the closest I get to a movie since we have little kids) was suddenly through iTunes 4.7, which takes you straight through the iTunes Music Store. The regular QuickTime player wouldn't work. Apple had made no announcements, nor had they upgraded QuickTime, so I'd say it was a glitch that presaged the eventual replacement of that player for the selling of movies. Since then Apple fixed things and the QuickTime player now works for playing trailers, but I had already seen the future.
Now go back to Steve's MacWorld performance, which you can see on the Apple web site. What the heck is Mr. Ando of Sony doing there? Nominally he's sharing the stage to herald the ability of Apple's new iMovie 5.0 to import high definition video from a new Sony consumer HD camcorder. Apple will also be selling the Sony camcorder online and in its stores. But you don't get the head of Sony at your event just to sell camcorders. And Jobs explained it himself -- it is the "Year of HD" and nearly all of the year is yet to come. As he darkly hinted, we can expect further announcements.
It is simple to say that Apple hopes to repeat with video the success it already has with iPod and iTunes. Jobs denies interest in video, citing the dominance of cable companies, but then he always denies right up until the moment he changes his mind, and that moment is coming.
If Apple hopes to emulate its iPod/iTunes success, what does that mean? It means selling hardware devices and proprietary content to play on those devices. The first such hardware device is probably the Mini. And the proprietary content will be video encoded in AVC H.264, which will be supported first in OS X 10.4, promised for the second quarter of this year. So Apple can't announce that it is in the movie distribution business until 10.4 (code-named Tiger) is available.
Remember Steve said this is the Year of HD. So one could expect that any video sold by Apple would be in high definition format. That gets around the supposed cable monopoly (there is no HD monopoly) and is suitably proprietary that Apple ought to be able to enforce its Digital Rights Management system.
The Mac Mini would look fine on, under, near, or generally around your TV. It has a DVI connector and so do many HDTVs, including those from Sony. Sony in its HDTV manuals says the DVI connector is "not intended" for connecting a computer, but it seems to work. That brings us back to Mr. Ando and my guess about the next Year of HD announcement or two. When OS X 10.4 ships, the Mini will suddenly become Apple's version of a media PC. Like the iPod, it will be a simple device that serves proprietary content, in this case HD video. Just like Gateway, HP, and Dell before it, Apple will start selling in its stores HDTVs, only they'll carry the Sony brand. Do you want to buy a Gateway TV or a Sony TV?
Now about that HD video content, Jobs was careful in his speech to point out more than once that there are two competing standards for High Definition DVDs -- Blu-Ray and HD-DVD -- but that H.264 is a constant on both systems. With movie studios divided between the two standards, this promises to be another VHS versus Betamax competition which means it will take two to three years for one standard to dominate, and in that interim devices will cost more than they ought to and will be coming later to market. Enter Apple and the Mac Mini, supporting every part of HD except a DVD standard, because one isn't needed. The Mini will download its HD video over broadband Internet connections so no optical component is required. The result is that Apple once again gets to market early and has a chance to become the de facto standard, just like iTunes did. Blockbuster can't compete with Apple until there are HD DVDs, and even digital cable doesn't have enough channel capacity to offer as many pay-per-view HD movies as Apple will be able to offer on the first day of service.
The movie studios will play along, too. They already allow on-line distribution through MovieLink and comparable services, so that's not a big obstacle. And Jobs, through his ownership of Pixar, is viewed as a movie industry player -- an insider with as much to lose as any other producer if "Toy Story" is pirated. And of course there is the fact that every movie distributor -- including Sony -- wants to take over Disney's role as Pixar's distribution partner, giving Jobs and Apple even more leverage. I know that Pixar and Apple are separate, but I also know that Steve Jobs will play every card in his deck.
The correlation of HDTV ownership and broadband penetration is very high. People who own HD TVs for the most part don't have HD movies. Movies are the key here, much more than HDTV, which is available for free over air (hence the lack of a tuner in the Mac Mini. Besides, viewers will tolerate non-real-time movie downloads -- as long as they take less time than driving to Blockbuster and back -- but they won't wait for the evening news to download. It simply has to be about movies.
There are a couple outfits already offering what could be the software components of this system. Their names are almost identical -- iFlicks and iFlix -- and both seem to be in flux. It could be that iFlix is freaked by the movie studio crackdown on bitTorrent servers, but suddenly their downloads don't download anymore while iFlicks has plain withdrawn its product from the market, leaving only mysterious messages on its web site. Both products manage well the organization and playing of videos on your Mac or PC. Either product could be the core of a new Apple movie service. I'm guessing that one or both have been -- or are about to be -- purchased by Apple.
http://www.pbs.org/cringely/pulpit/pulpit20050120.html
ease, the quality of these rooms is determined...
...by its participants. I prefer this area because it has good posters and the format is comfortable.
Cheers!
biajj, of course you are right...
...and thanks for the wish.
elkman, it costs them...
...dilution.
I think we are now...
... there.
A long time ago in a land far, far away a device called the Newton came to market too early.
It was perfect timing and the pipeline was filled a year ago in anticipation of this. Simply genius.
I have waited a long time for this day. I have been ridiculed by many for my trust. Well, I got the last laugh, and he that laughs last wins. The worms, viruses, and blue screens (wasn't CES foreshadowing?) finally caught up. The average user wants a super experience. Contrast this with the super user who wanted an average experience. There are more average users today than super users. Can't it just work?
BTW, I laughed last and I won. To those wavoids who laughed at me and threatened me - up yours.
At the end of the day...
... none of us really knows what will happen in this case. Each side believes (I suspect) that they will win.
The facts of the case drive it.
Who owns the IP is the critical question?
ease2002, nothing stops them. eom
Wouldn't it be nice to store...
...iTunes music there?
blue, what do I think...?
MiniMe!
ease, thanks again. eom
ease, I wouldn't do that...
Just cite the document number, date, and quote the material. Posting it or distributing it runs a very significant risk to you as PACER wants to be paid for its content.
ease, it will be interesting to see how the judge rules on these subjects. Knowing what his slant has been in the past is a better litmus test.
Thanks!
Awk, thank you and...
...I will no longer be posting or following this forum.
The threats, innuendos, and private collaborations have given me reason to pause. For my part, following this company in a public forum was a psychological and sociological enterprise where the benefit outweighed the downside. However, this public enterprise is no longer enjoyable and is a source of unsavory activities. I do not believe investing in a company should lead to a specter of abuse, bodily harm, or political assassination.
As we similarly started this journey many years ago to discover and promote a new frontier, I want you to know that I have great respect and admiration for your selflessness and candor. Though we didn't always agree, we were always courteous. I thank you for that!
I will remain an investor until the day you call me and tell me otherwise.
Best Regards,
jason
Dear Kite-surf, re: The mysterious 4 metering patents...
I encourage others here to read this and let the court of public opinion weigh in. I would like to have kite-surf and I move past this point. I hope the board can help put this to rest. In order to help bring closure to this disagreement I have laid out my argument below.
1. Wave licensed a metering patent from Titan a few years ago. Wave also states: "We are aware of four United States patents (the "Third Party Patents") each having some claims that are similar to some of the claims in the Licensed Patent... I have listed this as EXHIBIT #1 below.
2. The "Licensed Patent" is Titan's. This is listed in EXHIBIT #1. An InterTrust patent is referenced in the licensed Titan patent. I have listed that as EXHIBIT #2.
3. I have offered a conclusion at the end of the exhibits. I ask you - If I'm wrong who owns those 4 patents Wave is referring to if not InterTrust? My conclusion is listed in EXHIBIT #3.
4. This may all be mute now as it appears that Wave's business model hinges very little (if at all) upon metering.
EXHIBIT #1
Wave Systems Corp · 10-K · For 12/31/2
We are aware of four United States patents (the "Third Party Patents") each having some claims that are similar to some of the claims in the Licensed Patent. Based upon information currently known to us, some of the claims of both the Licensed Patent and the Third Party Patents cover certain material aspects of our technology. Therefore, the commercialization of our technology would be subject to the rights of the holder of the Third Party Patents unless we are able to invalidate such claims or license such technology. Also, the holder of the Third Party Patents or a licensee of the Third Party Patents could seek to invalidate such claims of the Licensed Patent and therefore be able to commercialize a technology similar to our technology. In either case, in order to invalidate the other party's patent rights, the party claiming invalidity might need to prove that it invented the claimed subject matter prior to the other party. We cannot provide any assurance that we would be successful in invalidating such claims of the Third Party Patents or that the holder of the Third Party Patents or a licensee of the Third Party Patents would not be successful in invalidating the claims of the Licensed Patent. Furthermore, we cannot provide any assurance that the Third Party Patents could be proven to be invalid on any other basis. Any proceeding involving the validity of the Licensed Patent and the Third Party Patents would be protracted and costly. In any suit contesting the validity of a patent, the patent being contested would be entitled to a presumption of validity and the contesting party would be required to demonstrate invalidity of such patent by clear and convincing evidence.
If the Third Party Patents are not invalid insofar as their claims relate to our technology, then we would require a license from the holder of the Third Party Patents to commercialize our technology and make, use, or sell products or practice methods, or license others to sell products or use methods, utilizing this technology in the United States. Due to the uncertainty as to whether the Third Party Patents could be proved to be invalid, we engaged in negotiations with the holder of the Third Party Patents to obtain a license under the Third Party Patents. As a result of these negotiations, Wave has entered into a license of limited rights to use the Third Party Patents in connection with certain uses. Wave did not obtain, however, a general license to use such patents in connection with activities not connected with the licensor.
http://www.secinfo.com/dVut2.2bzt.htm
http://www.secinfo.com/dVut2.2M5d.htm
The Licensed patent is the Titan Patent:
United States Patent 5,010,571
Katznelson April 23, 1991
Metering retrieval of encrypted data stored in customer data retrieval terminal
http://164.195.100.11/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netah....
EXHIBIT #2
Please note the patent referenced in the Licensed Titan patent:
4827508 May., 1989 Shear 380/4. Which is:
Database usage metering and protection system and method
Victor Shear was the Chairman and one-time CEO and founder of InterTrust. InterTrust was first known as: Personal Library Software, Inc.
EXHIBIT #3
Conveniently or coincidentally, there are FOUR InterTrust metering patents.
1) InterTrust (ITRU): #4,827,508; 2May89; Database usage metering and protection system and method
[this patent is the one referenced by Titan in the Licensed patent by Titan to Wave]
2) InterTrust (ITRU): #4,977,594; 11Dec90; Database usage metering and protection system and method
3) InterTrust (ITRU): #5,050,213; 17Sept91; Database usage metering and protection system and method
4) InterTrust (ITRU): #5,410,598; 25Apr95; Database usage metering and protection system and method
http://www.wavxtek.org/
And InterTrust and Wave struck an alliance back in 2000:
http://www.wave.com/news/press_archive/00/001219rightschip.html
???? If you are referring to the metering patents that wave has (or had) licensed in the public filings, do you know who owns those four patents referenced by Wave in the public filings?
I thought Wave was more than just metering digital content. Did I miss something again?
micro, I'm anxious as to Awk's perspective on the TrustZone implications of the impending Motorola/Apple iPhone. I'm sure this such an incredibly small market (no one buys mobile phones) that it is probably worthless of discussion. However, my academic curiousity is interested to know how they will protect that phone from viruses and manage the music services.
First on TMO - Analyst: iTunes Motorola Phone Demo a MacExpo Possibility; Ship by July, 12.23.04, 1:39 PM ET
Apple Computer and Motorola are ready to demo a yet-to-be released new cellular phone with an iTunes software client built in that could be in the hands of consumers by July 2005, American Technology Research analyst Shaw Wu told clients in a commentary released Thursday.
"We believe that Apple and Motorola are ready to demo a yet-to-be released new cell phone with iTunes software client," Mr. Wu wrote in his report, obtained by The Mac Observer. "Apple and Motorola announced a deal back in July and we believe Steve Jobs may give an update on its progress during his keynote speech at the MacWorld Expo on January 11, 2005."
Mr. Wu said he believed the joint product was "on track to be ready for consumers in the first half of 2005."
Mr. Wu said he believed the phone would have both USB and Bluetooth connectivity to transfer music files, offer 12 to 24 song capacity, but offer no direct access to the iTunes music store.
"Like an iPod, we believe one still needs access to an iTunes on a PC client (Mac or Windows) to transfer files to the cell phone," he wrote.
The west coast analyst said he considered the venture a "win-win" for both companies.
"For Apple, this deal expands its iTunes footprint beyond PCs (Mac and Windows) and iPods into the cell phone space with Motorola one of the top cell phone manufacturers in the world. We also believe this gives Apple further differentiation versus its competitors in the digital music space and gives more users the iTunes/Mac "look and feel" experience and could help accelerate AAPL's sales."
Mr. Wu reiterated Apple shares as a 'buy' with a $78 price target. "We believe that the move to digital music is a multi-year trend that Apple is well-positioned to capitalize on, having arguably the industry's most powerful and complete stack of hardware, software, and service."
Eddy Cue, Apple's vice president of applications, told Forbes magazine Dec. 16 a joint venture with Motorola was "on schedule" for a 2005 debut, but gave no further details. Both companies announced a joint venture in July.
http://www.forbes.com/technology/feeds/general/2004/12/23/generalmacobserver_2004_12_23_eng-macobser...
...and of course the market that is currently reflected in Wave's bottom line is profuse.
I think kite-surf is the expert, but it seems that since "99%" of the home market doesn't have a mac it is simply not worthy of discussion. Where in the heck do they make their billions of dollars anyway?!!?
Seriously though, I would expect the lifting to be done at IBM and Apple jointly with Wave expertise sprinkled in. But heck, you know that I don't know. That is why we are fortunate to have folks like you.
doma, I clearly don't know the answer and I will defer to your expertise.
ease, I don't think the resignation was a coincidence at all. These kinds of things seldom are.
Thanks for you DD!
A TPM in a Mac a year or two ago would have been completely worthless and done nothing to spurn on the PC world?
There is a competitive advantage to first mover (only in my opinion of course), and I would have loved to see a TPM in a Mac a year ago.
Eventually, a TPM will be in the Mac and perhaps an iPod, and maybe even the iPhone?
Proof-of-concept in one platform that, if successful, can spurn on a faster deployment in the other platform. Competition is good...
helpfulbacteria and awk...
I want to echo cm's question with a caveat. How will Motorola's new iPhone work with TrustZone?