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NEWSLETTER
Patent Newsletter in November

• IBM ALLEGES PLATFORM SOLUTIONS TO INFRINGE ITS FIVE PATENTS.

• QUALCOMM ISSUES WARNING TO NOKIA OVER LICENSING ROYALTY PAYMENT.

IBM ALLEGES PLATFORM SOLUTIONS TO INFRINGE ITS FIVE PATENTS.

IBM has sued Platform Solutions for violating the terms of a customer agreement with them and infringing five patents.

IBM states in its complaint that Platform Solutions holds an IBM customer agreement and so that it allows it to licence Big Blue’s operating system software and other software, but only as an end- user. IBM also argues in its lawsuit that it has refused to license its patents and copyrighted mainframe software for use in Platform Solution’s servers.

IBM also alleges PSI’s to infringe its five patents: 5,696,709; 5,825,678; 5,953,520; 5,987,495; and 6,801,993.

PSI declined to comment on the suit and said, “We believe IBM sees us as real competition. We provide customers with an alternative,”

QUALCOMM ISSUES WARNING TO NOKIA OVER LICENSING ROYALTY PAYMENT
At Hong Kong in Telecom World 2006 conference, Chief Executive Paul Jacobs of Qualcomm said, ”Clearly, if Nokia is shipping products using our intellectual property and not paying royalties, then we will take steps to protect our interest.”

Qualcomm gave a clear sign of how serious they are about royalties issue with Nokia. Jecobs said, ”Any talk of us lowering royalties really is speculation at this point.”

Matsushita Electric Industrial, Nokia, Broadcom, NEC and Texas Instruments also complain that Qualcomm’s fees are higher than the agreed-upon standard of ”fair, reasonable and nondiscriminatory.”

Nokia cannot work around the Qualcomm patents, which are key factor to several of its target growth businesses, related with CDMA and 3G W-CDMA handsets. Qualcomm sells technology licenses and chips based on CDMA-- the dominant standard for U.S. cell phones--as well as those for GSM, the world’s most widely used cell phone technology.

In April 2006, Qualcomm has warned, that there is no guarantee it will come to agreement with Nokia over its CDMA patents licensing deal.

Nokia wants to step up the pressure on the US company to agree to a cap on royalties in 3G cell-phones, whose costs are kept artificially high by the levels of license payments. Nokia cannot live without the patents, nor challenge them, and Qualcomm would not easily lose the business of the world’s largest phone maker.