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Wednesday, August 06, 2003 5:05:14 PM
Again going back to my comments in April....IMO, the "indemnifier" can only indemnify for those patents IDCC has given them the right to do so with, or 2)the indemnifier could be saying, all of IDCC's patents are not applicable if you use ours instead.
I tend to believe the prior is happening.
Using Qualcomm as an example, they have sublicense rights to a certain fixed set of patents, correct? yes (with and without the sale of the ASIC too)
IDCC feels those patents are applicable to CDMA, CDMA2000, WCDMA and TD-SCDMA, correct? yes (per IDCC's licensing page showing standards licensed to Qualcomm).
So TeeCee's report that it the indemnifier is covering ALL CDMA would be correct.
Is the indemnifier covering ALL of IDCC's patents? No-way no-how.
Is it making it difficult for IDCC to license 3G when some of their patents are already being licensed to the licesee prospect from another? Yup.
What then becomes the sticking point and reason for delays in 3G licensing? IMO, the rate for the full portfolio that IDCC would like to offer vs. the rate for the partial portfolio the prospect wants to pay. They don't want to pay 2 times for the same patents, yes? yes.
All JMO
gotta go
R
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