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Qualcomm Scoffs At Nokia's Millions |
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Written by Adam Gosling
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Friday, 13 April 2007 |
In the ongoing public and litigious licensing negotiations between
Nokia and Qualcomm, the latest volley sees Nokia claiming it has been
paying less than 3 per cent gross royalty rate for WCDMA handsets and
Qualcomm countering that means it breached the 2001 agreement and has
thrown the US$20 million Nokia just paid it back on the table.
Nokia kicked off the day today confirming that "until 2007 it has paid less than 3 per cent
aggregate license fees on WCDMA handset sales under all its patent
license agreements. This number represents Nokia's aggregate gross
royalty payments made under all the numerous patent license agreements
applicable to its WCDMA handsets. It excludes infrastructure related
royalties and all royalty income collected by Nokia".
Further, Nokia has claimed that it still has a "fully paid up license
covering Qualcomm's early patents and thus those patents are licensed
to Nokia royalty free for its handsets going forward in perpetuity".
Nokia is sure the only licensing agreements it needs with Qualcomm are for the company's newer patents.
This statement to the market enraged Qualcomm and the company fired
off a statement saying it has rejected Nokia's US$20 million payment
and the "accompanying multiple pages of terms upon which Nokia
conditioned its payment".
"Both the amount of the payment and the terms that Nokia sought to
unilaterally impose in connection with it are at odds with the parties'
2001 license agreement," said the Qualcomm statement.
"Nokia's attempted payment is a fraction of the royalty to which Nokia
agreed in the arm's length negotiations leading to the parties'
existing
contract and for which Nokia bargained in obtaining the extension option.
"Qualcomm is concerned that Nokia continues to attempt to mislead the
industry and the investment community," says the statement.If true that
would mean "Nokia has seriously underpaid royalties owed to Qualcomm
under the parties' 2001 license agreement and is in material breach of
the agreement. Qualcomm will address this potential breach through
legal and contractual channels".
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