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intime

03/09/05 12:46 PM

#97456 RE: rmarchma #97448

Could all this talk be more about Ericy than QCOM?

From the Neopoint SEC filing below, QCOM licensees must not challenge ERICY with their infrastructure IP. ERICY must have a fairly good deal with QCOM due to the cross-licensing. As such, NOK does not want to be in a position to pay more to QCOM (for CDMA or WCDMA) than ERICY for infrastructure and then also have to pay IDCC for handsets.

" 5.10.3 Non-Assertion Against Ericsson. The sublicense granted to LICENSEE under Section 5.10.2 above shall continue only so long as LICENSEE and its Affiliates do not assert, either in litigation or by a direct communication, any Essential Patents for CDMA Applications against Ericsson's CDMA infrastructure or test equipment products and LICENSEE does not dismiss such litigation or withdraw such assertion or offer a royalty-free license under such patents within thirty (30) days after QUALCOMM's receipt of notice from Ericsson of such litigation or communication."

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Learning2vest

03/09/05 12:55 PM

#97457 RE: rmarchma #97448

Thanks Ron. Stuck my neck way out this morning and appreciate your thoughtful accommodations. Let's hope that everybody involved remains cool, calm, and collected long enough to work things out. They are going to be doing biz with each other for a long time and they have to know that. The smart execs usually know when its time to settle their differences and get on with things.