Continuing on the subject, if HTC manufactures an iPAQ for Compaq, and sells the finished product to Compaq for, say, $100 then they would pay a royalty based on that selling price to IDCC. If the contract with HTC includes pass-through rights for OEMs, and Compaq subsequently signs with IDCC, then Compaq may not owe additional royalties on those units manufactured by HTC. It depends on the structure and wording of the HTC license.
If IDCC gave HTC pass-through rights, as described in the NEC language, then I suspect HTC will pay a higher royalty rate as a third-party manufacturer, to make up for the royalty difference between what HTC gets paid per unit and the price Compaq (selling to end users, or channel partners) would get for the same unit.
If, on the other hand, there is no such provision in the HTC contract, then both HTC and Compaq (HP) would have to license and both would pay IDCC a share of the total royalty due. Compaq would get a credit for the royalty paid by HTC, but IDCC would be in control of granting that credit based on the standing of HTC.
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