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Wednesday, April 30, 2003 10:47:03 AM
From what I can figure out, Qualcomm actually DID HAVE all of the IPR necessary to license that earlier version(i.e., the IPR was either developed and patented by them, or they had cross-license agreements which gave them rights to license it to others. We know they did that with InterDigital when they paid over $5 million for the sub-license rights on a specific set of CDMA IPR and limiting conditions back in 1999.). Qualcomm licensed IS95 to a LOT of folks over the years, and I'm betting that those early license agreements included an indemnification clause. Why not, if Qualcomm had acquired rights to all the IPR necessary for IS95? And I think they did just that.
Now we have some "unidentified wireless technology company" creating discussion over an "indemnification" issue with "some of InterDigital's 3G license agreement negotiations". I'm connecting the dots there and seeing some old Qualcomm IS95 license agreements which have been "upgraded" to CDMA2000 with the original indemnification clause still in effect. OOPs! Tilt. Time for Irwin to call a huddle with his licensed customers and figure out what to do next.
Rate concessions on CDMA2000 by Qualcomm in exchange for limiting the scope of the indemnification in those license agreements seems logical, but one never knows, do one? A phone call kinda like the following is another possibility IMO; "Hello, KOP? Irwin here..... Well yes, the sky is blue and the sun is shining brightly out here in Southern California as well.... Nope, no big earthquakes lately.... The reason I'm calling, Howard, is not about the weather or faultlines. I wanted to ask how much you would want in exchange for adding InterDigital's CDMA2000 "essential" stuff to our current sub-license rights agreement?" ..... Now, that would be an interesting conversation to listen in on.
Here is the sentence in InterDigital's current 10K that got me thinking along these lines;
"Based on these limitations, the Siemens and the Qualcomm agreements do not provide a license under all the ITC patents or IPR Holdings Patents which we believe to be essential to 3G, including CDMA 2000, or all of the inventions which we believe will be essential and which are contained in pending patent applications."
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