Second, the decision complicates the implementation of a portfolio license for MS. It is likely that the practice of bundling licenses for seps and non-SEP licences will disappear, as licensees insist on an outright MS licence. In her decision, the judge found that Qualcomm`s licensing model violated U.S. competition law in several respects. First, it found that Qualcomm had an obligation to license a full licence to its competitors and that a business model whereby Qualcomm would only have licensed equipment manufacturers was contrary to that obligation. Second, it found that the imposition of royalties on the basis of the price of a handset was inappropriate and contrary to U.S. law. Third, it found that Qualcomm`s “no license, no tokens” policy was contrary to U.S. competition law. The judge then refused Qualcomm to continue participating in these illegal practices.
This is the right time for Qualcomm to get a licensing agreement with Huawei. Faced with these potential anti-competitive effects, the Soso have adopted IP protection strategies to prevent abuse. For example, the European Institute of Telecommunications Standards (ETSI) has adopted a directive on intellectual property rights that requires SEP owners to “issue irrevocable licences on fair, proportionate and non-discriminatory terms (hereafter referred to as “FRAND”) (ETSI procedure regulation, Article 6 (5 April 2000) ). Patent law, Qualcomm licenses, Huawei, FRAND, 5G, licensing agreement, mobile phone, SEP, SEP, antitrust, FRAND terms, licenses, smartphone manufacturers, chip makers, Huawei and Qualcomm, FTC The decision, if confirmed, will have many significant practical effects. First, MS owners can expect competition liability if they continue to refuse to process certain stages of the market for standard-compliant products and services. SeP owners such as Qualcomm must obtain licenses at all levels of the market, upstream and downstream. In addition, licenses must be comprehensive. This result will reduce the benefits of MS owners, complicate and reduce licensing for branded devices, and pose sensitive questions for both component suppliers and licensees. If you have questions about a licensee or the products and/or technologies for which they may be licensed, please contact us. This list is provided by Qualcomm only for convenience purposes.
Although the list is regularly updated, this information changes frequently and, as a result, the information below may not be accurate or complete. Qualcomm had already signed a sensational licensing agreement with Apple last year – we reported it. Huawei, which has strong market power in the mobile phone sector, has long resisted Qualcomm`s licensing applications. But then, in May 2020, U.S. President Trump declared a state of national telecommunications emergency and put Huawei on the trick of entity. While this did stop the sale of Qualcomm chips to Huawei, the Wall Street Journals reports that it did not affect the new licensing agreement.