Of the 3 Companies that Licensed with IDCC for BCDMA(Alcatel, Samsung and Siemens)..only Siemens had included EIA/95, which provided them with a 3G license for all of IDCC's 3G Patents issued and pending as of late 1999..Samsung may try to make the case that BCDMA is a form of 3G, although only FIXED..but they as well as Siemens in any event will require a new 3G license with IDCC to utilize IDCC's current Patent portfolio, which also includes those pending..
The MFL clause only extends to financial advantages and disadvantages via an apples to apples royalty obligation. The only matters replaced are the rate setting clause for the licensed technology, not the covered technology clause.
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