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dndodd

07/25/14 3:24 PM

#388752 RE: jist1 #388747

"So you are certain that Pegatron's contract does not cover 4G and LTE?"

I DID NOT EVEN COME CLOSE TO SAYING THAT.

I am certain that Apples contract did not cover 4G and LTE and covers nothing now because it has expired.

olddog967

07/25/14 4:53 PM

#388753 RE: jist1 #388747

jist: I am not sure what the problem is. Your original question was:

"If Pegatron has their own separate deal with Interdigital, I'm unclear what you mean when you say "now nothing Pegatron makes is protected by the Apple contract."

It is a basic rule that a patent holder can only collect one royalty from the sale of a product. Therefore, since IDCC had received a royalty payment from Apple for the specific products that were covered by the Apple license, they could not collect another royalty from Pegatron (or any other company) that actually manufactured those specific products for Apple.

As noted, the restriction on “double-dipping” only applied to the specific products covered by the Apple license. Any other Apple products that were manufactured by Pegatron , would be subject to royalty payments under the terms of Pegatron’s license with IDCC.

Once the Apple license expired, unless the license contained some type of royalty free terms, all Apple products manufactured by Pegatron would become subject to royalty payments to IDCC under their license terms (i.e. no longer protected by the Apple license)