mschere: Some additional comments regarding your comparison of royalty income from NEC and LG. As you noted the NEC income covers both handsets and infrastructure. As you have repeatedly pointed out infrastucture royalties represents a significant portion of NEC’s royalty payments. In contrast with this, the LG PLA is for terminal units only (Art 2.1). The only reference to infrastructure is in Art 2.4 (see below) in which IDCC agrees not to sue LG for the so called “threshold” amount of infrastructure sold thru a specified date.
Apparenly the reason infrastructure is not included under the PLA, is that on Nov 3, 2005, LG entered into a JV with Nortel, named LG-Nortel Co. Ltd. with Nortel receiving majority interest (50 percent plus one share) of the JV common stock. LG contributed their infrastructure business, with Nortel contributing cash and their Korean distribution and services business. As noted in the last sentence of Art 2.4 (below), it appears that this JV was specifically excluded from IDCC’s agreement not to sue for infringement.
2.4. InterDigital Group Non-Assert. Provided Licensee is not in default under this Agreement, InterDigital Group hereby covenants not to sue Licensee and/or its Affiliates for infringement of the Licensed Patents for the development, design, manufacture, having manufactured (to the extent substantially designed by Licensee and/or its Affiliates), use, importation, Sale, or other distribution of up to (but not exceeding) an aggregate of [***] of Licensed cdma2000 Infrastructure (inclusive of Sales prior to the Effective Date), but only if all of such activities occur in [***]. For the avoidance of doubt, this non-assert does not extend to the [***] or its activities regardless of whether such joint venture qualifies as an Affiliate hereunder.
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