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To: Swordmaker

Judicial overreach tying the hands of a successful American company doing business in a tough space. Last I heard, the Trump administration was trying to prevent Huawei and other Chinese players from controlling our cellular tech. Qualcomm or Chi-com, take your pick. I’ll go with the former.


4 posted on 05/24/2019 12:09:45 AM PDT by irishjuggler
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To: irishjuggler
Judicial overreach tying the hands of a successful American company doing business in a tough space. Last I heard, the Trump administration was trying to prevent Huawei and other Chinese players from controlling our cellular tech. Qualcomm or Chi-com, take your pick. I’ll go with the former.

You obviously don’t understand the case, The Qualcomm practices in licensing are being slapped down all over the world for violating their Standard Essential Patents (SEP) and to license those patents for rates that are Fair, Reasonable And Non-Discriminatory (FRAND) agreement contracts with the international standard setting organizations. Qualcomm got hit with a 1.5 billion Euro fine for doing the same thing in the EU. It has nothing to do with anything except Qualcomm breaking their contracts and attempting patent hold-ups in contravention of Standard Essential Patent agreement contracts with various cellular device agencies around the world. There are draconian penalties in the EU for violating the FRAND agreements on SEPs.

About five years ago Samsung was going to be hit with a fine equal to its world wide profit for refusing to license its SEPs to Apple unless Apple would agree to cross license the iPhone’s non-SEP patents and copyrights to Samsung in exchange. . .the fine amount would have totalled almost $15 billion dollars! Apple had taken Samsung to court and forced a reasonable FRAND rate, but the EU courts took it to their SEP enforcement prosecutors. . . Samsung negotiated the fine down to under $1.75 billion, but it took some desperate moves on their part. Incidentally, Nokia tried the same thing, but didn’t get fined. The EU takes SEP violations much more seriously than we do.

Some of these agencies and their SEP contracts have the authority to totally invalidate Qualcomm’s SEP patents if they don’t start honoring their SEP obligations to the letter of those agreements. Qualcomm asked to have their patents included in the standard and agreed to the terms when they were adopted as part of the technical standard. They can’t change their mind and just ignore the contract. There are consequences the courts must enforce.

5 posted on 05/24/2019 12:43:33 AM PDT by Swordmaker (My pistol self-identifies as an iPad, so you must accept it in gun-free zones, you hoplaphobe bigot!)
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