InterDigital Inc (IDCC)

[sophist]

Rmarchma, you raise in your Post many of the intriguing, important questions that I have wondered about regarding the NEC/Siemens joint venture. Without seeing the structure and contractual wording of their agreement, specifically with respect to mutual patent licensing rights and obligations, as well as the way IDCC makes provisions for its licensees if or whenever they engage in joint ventures, it would appear to be virtually impossible to determine the mutual financial and licensing obligations of a company like Siemens in its joint venture with NEC.

I think we can surmise that of the two companies NEC had little IP to contribute to the joint venture compared to SIEMENS. Insofar as NEC brought to the table its licensed IPR from IDCC and perhaps others and SIEMENS brought to the table its own IPR, did they just agree to call it a wash without any formal cross licensing agreement between them? Would this be impermissible under the terms of the IDCC/NEC licensing agreement? Or would it be permissible under certain carefully worded provisions pertaining to joint ventures? There is quite a mystery here, which points to the extreme complexity of formulating licensing agreements that are prepared for all contingencies. I do not see how we can penetrate this mystery without knowing much more about the NEC/SIEMENS joint venture agreement as well as IDCC's licensing arrangement with both companies.