Wednesday, December 17, 2003 11:00:07 AM
infinite-q,
I have asked IR similar question with regard to whether UTSI need to pay us royalty on PAS sale. The answer is that if a supplier has an agreement with IDCC, and the contract can call for the supplier to pay royalty for sales into 3rd party unless said 3rd party is a licensee. In UTSI 10Q, it is stated that some of their supplier has indemnified UTSI.
So, I guess it is similar deal with the relationship of HTC and it's customer. Pay and pay they must.
mschere, the real question is whether HP or Compaq would even need a license with IDCC given that their contract manufacturer, HTC, is now licensed. If the contract with HTC states that HTC will pay the royalties on behalf of customers like HP/Compaq for every device manufactured for them, then IDCC need not go after HP. However, I suspect that the wording is similar to contracts with NEC and Sharp, which states that HTC can manufacture for others and the royalty will be collected at the point where the unit is sold into the channel.
I have asked IR similar question with regard to whether UTSI need to pay us royalty on PAS sale. The answer is that if a supplier has an agreement with IDCC, and the contract can call for the supplier to pay royalty for sales into 3rd party unless said 3rd party is a licensee. In UTSI 10Q, it is stated that some of their supplier has indemnified UTSI.
So, I guess it is similar deal with the relationship of HTC and it's customer. Pay and pay they must.
mschere, the real question is whether HP or Compaq would even need a license with IDCC given that their contract manufacturer, HTC, is now licensed. If the contract with HTC states that HTC will pay the royalties on behalf of customers like HP/Compaq for every device manufactured for them, then IDCC need not go after HP. However, I suspect that the wording is similar to contracts with NEC and Sharp, which states that HTC can manufacture for others and the royalty will be collected at the point where the unit is sold into the channel.
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