Rich, re: "Personally, I am somewhat pissed that P. Jacobs ever brought up the fact that Nokia's license would need to be renewed by April, 07. Maybe they thought it was material and were obligated to do it, but I sure wish they didn't."
I spent some time searching for the PR that "spilled the beans" and couldn't find one although remember PJ stating the wording was jointly agreed upon with NOK.
I finally found it in the Q2FY06 CC transcript.
I believe Paul Sagawa wrote about it in one of his reports, and it has been a topic of speculation for quite a while.
As you surmised, "Maybe they thought it was material and were obligated to do it", it is a major issue and needed to be "outed"
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Many of you have approached us speculating whether Nokia will need an extension. Our policy is not to talk specifically about particular license agreements, and so we have neither confirmed nor denied this speculation. However, based on an agreement reached with Nokia, we have today disclosed information in our 10-Q to the following effect:
QUALCOMM has a license with Nokia, which in part expires on April 9, 2007. QUALCOMM and Nokia have been in discussions to conclude an extension or a new license agreement beyond that time period and I expect discussions to continue. However, there is no certainty as to when the parties will be able to conclude an agreement or the terms of any such agreement.
There is also a possibility that the parties will not be able to conclude a new or extended agreement by April 2007. In that event, after April 9, 2007 unless and until the existing agreement is extended or a new agreement is concluded, Nokia’s right to sell subscriber products under most of QUALCOMM’s patents, including many that we have declared as essential to CDMA, WCDMA, and other standards, and therefore, Nokia’s obligation to pay QUALCOMM’s royalties will both cease under the terms of the current agreement. Likewise, unless and until the existing agreement is extended or a new agreement is concluded QUALCOMM’s rights to sell integrated circuits under Nokia’s patents will cease on April 9, 2007 under the terms of the current agreement.
By agreement with Nokia we are limiting our comments to the foregoing at this time. Please bear in mind, however, that any company that makes or sells products without a license under the applicable patents of another company would be exposed to a patent infringement litigation by such other company. I would also like to make clear that if we are unable to reach agreement with Nokia and they become unlicensed to sell subscriber products after April 2007 this will have no material impact under our other license agreements.
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