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To: cfoe who wrote (36286)7/28/2003 6:08:03 PM
From: carranza2   of 117475
 
Does QCOM get discovery rights in a suit like this?

All states have different procedural rules, but most allow fairly free discovery. I should think that Q will issue subpoenas, interrogatories, requests for production of doc's, etc., seeking to establish other disclosures.

I should think that the Frenchman's emails, correspondence, etc. are going to be number one on Q's discovery hit list. He seems to be the only one who blabbed in public; the rest appear circumspect. I can only imagine what his private stuff looks like.

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To: rkral who wrote (36280)7/28/2003 6:12:39 PM
From: Jim Mullens   of 117475
 
rkral. “You misunderstood my post.”- I apparently did, and still don’t (gg)

1. >>>”*You* are concluding that any phone with a MSM6300 is a GSM1x phone .. without presenting any evidence to that effect. You did reference 2 slides earlier as support .. but did so without links. That's not helpful. <<<<

I believe I stated the slides were from the Spring investors meeting (the 5 hour meeting) and included in the Sanjay and Thornley presentations. The charts are in pdf format which I cannot link and I don’t think that presentation is still on the Q’s web site. You may wish to do a search on the Q’s sight if you did not previously print a copy of that briefing.

2.>>”The GSM1x Samsung phone, termed so by Samsung & Qualcomm, is described as a *multi-mode* phone .. and you and I can safely bet one of its modes is the 1x air-interface combined with software to communicate with the GSM Mobile Application Part ("MAP"). As such, it is a GSM1x phone.

There is no evidence .. yet .. that the Motorola dual-mode phone, per info posted by brational in #reply-19152546, will be a GSM1x phone. *You* drew that conclusion. “<<<

Yep, I drew that conclusion from BR’s post which stated “the phone is due to use a dual-mode chipset developed Qualcomm Inc., according to the WSJ, which would allow it to be used both on U.S. networks using CDMA (Code Division Multiple Access) technology and on the GSM (Global System for Mobile Communications) networks used elsewhere in the world.

The MSM6300 chipset is the only chipset listed on Qualcomm’s “ Segmented MSM Roadmap” chart (Sanjay presentation again) that is listed as both CDMA and GSM. Again, the other chart states that the MSM6300 as being “First direct conversion GSM1x radio”.

What chip other than the MSM6300 could that article BR posted be alluding to? Is there another Qualcomm chip that is a dual mode GSM/GPRS and CDMA?

jim

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To: Ramsey Su who started this subject7/28/2003 6:37:44 PM
From: Cooters   of 117475
 
Sprint CC notes.

Message 19155218

Len Lauer was firing through information so fast I couldn't write it all down, so here's the highlights.

- The basic metrics were net adds of 360K, ARPU of $62, churn down to 2.4%.

- Gross adds were lower than Q1. They specifically blamed inventory issues with the Sanyo 8100. They later said they are receiving shipments as fast as they can get them, since they still do not have the 8100 in all the channel locations, in addition to running out where they have it. They expect to correct the inventory problem, plus they have additional handsets coming online with similar features and price.

- Vision subs have increased to 2.1M from 1.3M at the end of last quarter. The uptake continues to go higher, it was listed at 40% in their chart for Q2 vs. 26% for Q1. Data ARPU is now $2 and they expect it to get to $3 by EOY03. Vision Data ARPU went from $7 to $9 QOQ. They have a total of 4.6M data customers(Vision + Wireless Web). Greater than 2/3 of Vision trial users stay on after the trial period.

- Expect ARPU to remain over $60 for remainder of the year. CPGA should come down to $38* range from $415, primarily due to higher gross adds. Churn should stay down, somewhere in the mid-2%'s.

- 60% of the base now has a 1x handset, and 7% of the base upgraded their handset in Q2.

- They just completed their new agreement with RSH.

- 70% of gross adds were Prime credit in Q2, and they exited the quarter at 75%.

- Beginning in Week2 of August, they will offer Virgin prepaid in Sprint stores.

- They have 17,600 dist. points at EOQ, up 1,000. They plan to expand their Sprint store presence, from in the low 500's now, to mid-600's at EOY and 800 at EOY04. They feel expanding data services and customers that switch carriers are more in need of a Sprint-specific store.

- The components of ARPU are now 70% MRC, 15% overage, and 15% other. The average MRC on new additions in Q2 was up $3 Q2 vs. Q1.

- Added 330 new cell sites and 530 new carriers. Totals are now 20K sites and 34.5K carriers.

- They believe pent-up demand for number port. is greater on the business side than the consumer side.

- Usage is up to 13.5 Hrs/month, from 12 Hrs/month in Q1. They think continuing displacement of wireline minutes could continue to move this figure higher.

- Saw a 60% increase in aircard sales, I didn't catch if this was YOY or QOQ and they did not give an absolute figure.

- Len talked in detail about their position on WiFi service and the potential in specific high traffic locations. He also said Sprint is still focused on the EV-DV path and expects it in the 2005 timeframe.

- Sprint(as a whole) reduced net debt by $3.6B in the past 2 quarters, over half of their $7B target by EOY04.

Cooters

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To: carranza2 who wrote (36287)7/28/2003 6:54:26 PM
From: talksfree   of 117475
 
Yes - Q does have the right to discovery. Its scope is limited to matters related to the issues presented in the suit (as alleged by Q and as raised in TXN's answer and grounds of defense). Therefore, although quite broad, it is not unlimited

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To: Eric L who wrote (36278)7/28/2003 7:34:26 PM
From: Maurice Winn   of 117475
 
Eric, while I'm not exactly the most ardent fan of Nokia, I'm happy to give recognition where it's due and they are sure to do very well in CDMA.

A single data point is that a business partner of our son has just bought a Nokia CDMA phone [in NZ - Nokia in CDMA has just been introduced]. Our son [a registered internerd technogeek] is enthusiastic about Nokia's interface and the rest of their cellphone technology. The price was pretty good too. I just bought a Samsung something or other, which I'm happy with, but it was US$100 more than the Nokia, which I dare say is up to the usual standards.

I bought a bunch of Samsungs a couple of years ago [a cheaper model, as CDMA gifts for the spawn] and they weren't really that good. Our oldest daughter has ditched hers and gone to Vodafone and GSM. Which is heresy, but that's the breaks. Son upgraded to the Samsung model I have [which I got on his recommendation] .

I would be very surprised if Nokia doesn't leverage their GSM talents and market acceptance into the CDMA realm in a big way. Even if they do swing onto QUALCOMM chips for plenty of models.

The idea that QUALCOMM hasn't had and doesn't have competition in chips [for CDMA let alone other communication options] is absurd [the Texas Instruments guy is off the planet].

Nokia can get phones made anywhere, by setting up factories, training staff and producing cheap, high quality phones. Samsung probably has less ability than Nokia to do that [due to a much smaller cellphone market share and less international skills - a guess, but I dare say it's right].

Samsung is using the QUALCOMM technology to develop their CDMA market position. Nokia has struggled to develop their own route to nirvana. Samsung has done a lot better. But Nokia is likely to catch up and overtake them. I don't see any reason they can't.

It's true that Samsung also enjoys a huge position in the crucible of CDMA [Korea] so have leading edge access to technological and market developments. But as markets develop, that advantage will diminish.

TI's woes, with QUALCOMM kicking them out of the CDMA chip designers and merchants club, will reduce Nokia's advantage as they were depending on TI. But TI can go on making whatever Nokia specifies. So I suppose it won't make a big difference in the end [other than to TI].

I quite like QUALCOMM having 90% chip market share in CDMA. I think 100% would be better, but given the demand for cheap, older style technology, I dare say it would be hard to maintain 100% of the CDMA chip business.

CDMA chips and mobile cyberphone technologies are a very long way from a commodity. So there's a wide open development path for QUALCOMM to maintain the lead.

I would like to see HP bring out an iPAQ 1xEV-DO model. VOIP [voice over internet protocol for those puzzled by damn acronyms] might be big time and that would be a winner, though the CDMA service providers would want to charge extorquerationate fees for it and might not allow models which don't separate data and VOIP. A 1xEV-DV GSM1x version would be better so that subscribers could go anywhere. The iPAQ PC h5550 h10010.www1.hp.com  has WiFi built in, with fingerprint recognition and Bluetooth. With a fuel cell, and CDMA, that would turbo-charge their demand.

Mqurice

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To: Ramsey Su who started this subject7/28/2003 8:25:49 PM
From: Eric L   of 117475
 
San Diego Golf ShootOut

The Bridges

Course in SD I have not (yet) played and I've played several.

On TV now.

- Eric -

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To: talksfree who wrote (36290)7/28/2003 9:43:32 PM
From: Art Bechhoefer   of 117475
 
Re: Right to discovery--only if there is a factual dispute. I don't see any need for discovery if a judge rules in favor of QUALCOMM on a declaratory judgment proceeding. But if the judge believes the facts are in doubt, making this a triable issue, then discovery could take place.

It's sort of a win-win strategy for QUALCOMM. Either they get a favorable declaratory judgment, or if there is a factual dispute, they get to view all kinds of emails, memos, reports, tapes, whatever. And if the judge dismisses the case on an interpretation that the facts don't support QUALCOMM's allegations, then QUALCOMM could still ask for discovery.

The one issue that I question is whether the chip business itself is all that important. No matter who makes the chips, handsets containing those chips still generate royalties when they are sold. Okay, the income from royalties per handset is less than the income from sales of chips going into handsets, but the margins for royalties are much higher. The main objective, it seems to me, is for CDMA to become the technology of choice everywhere. That's more important than who makes the chips.

Art

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To: Art Bechhoefer who wrote (36293)7/28/2003 10:10:56 PM
From: talksfree   of 117475
 
Actually, cases have stages. First are the preliminary pleadings stages(the complaint, answer, preliminary motions). Second, both parties are entitled to and always pursue discovery. Third, at the conclusion of discovery, there are often Motions for Summary Judgment. Fourth, there is a trial. Only at the third and fourth stages does the court consider the evidence and make a ruling on the merits.

Therefore, there will be discovery in this case. Most likely the discovery will be subject to a protective order so that the general public will not be privy to the discovery.

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To: Maurice Winn who wrote (36254)7/28/2003 11:18:36 PM
From: Maurice Winn   of 117475
 
<..... QUALCOMM licensed Texas Instruments to sell CDMA chips to a range of customers, so QUALCOMM won't be surprised that that's exactly what Texas Instruments does, just as Nokia and others have been licensed to do and have done.>

Just re-reading that post, I meant that Nokia has been licensed to sell CDMA products and is doing so, not that they are licensed to sell chips to others, which they aren't. My point was that QUALCOMM has licensed chip makers, infrastructure makers, handset makers, test equipment makers and initially, those licensees were all in competition with QUALCOMM, which was trying to do them all too.

Here's the list of authorized suppliers of CDMA equipment. There are several ASIC suppliers. For Texas Instruments to say QUALCOMM has no competition is ridiculous [even if we consider only the CDMA part of the cellphone industry].

qualcomm.com 

Please excuse my sloppy writing.

Mqurice

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To: Ramsey Su who started this subject7/29/2003 7:37:15 AM
From: quartersawyer   of 117475
 
Nokia hoping for earliest use of EV-DV in China

2003-7-29 9:42:24
China Daily

Wireless giant Nokia hopes China will become one of the earliest nations to
adopt CDMA 1X EV-DV, the newest evolution of the CDMA2000 1X technology.

"We would like to see China become one of the leaders in deploying the EV-DV
technology, as soon as possible," Adam Gould, Nokia's chief technology officer
for CDMA business, told reporters last Thursday during his visit to China.

EV-DV, based on CDMA (code division multiple access), stands for evolution data
and voice and is a rival standard for EV-DO (evolution data only).

The two standards are 3G (third-generation) evolutions of CDMA2000 1X, which is
usually regarded as a 2.5G technology.

Nokia has held talks with several Chinese companies about the deployment of
CDMA2000 1X EV-DV, Gould said.

"The feedback (of the talks), in general, is quite good. I believe most people
agree EV-DV is a better technology than EV-DO, though EV-DO is here today while
EV-DV is still being developed," he said.

EV-DO technology allows wireless Internet users a download speed of 300
kilobytes per second. It is dozens of times faster than the current CDMA
network, and it supports VOD (video-on-demand) and videoconferencing on mobile
phones.

EV-DV promises even higher data speeds, up to 3.1 megabytes per second, and
will support real-time applications over a voice-over-IP (Internet protocol)
network.

China Unicom is reportedly awaiting deployment of CDMA2000 1X EV-DO, pending on
government approval.

The company in December exhibited its under-testing CDMA1X EV-DO technology at
the Hong Kong Asia Telecommunication Expo.

To bypass policy barriers, China Unicom called the technology 2.75G, while
experts suggested it fell under 3G.

It seems Nokia hopes Unicom can sidestep EV-DO and move straight to CDMA2000 1X
EV-DV.

Qualcomm, which controls essential patents of CDMA technology, last week held a
two-day, high-profile CDMA1X display in Guangzhou, with Chairman and Chief
Executive Officer Irwin Jacobs in attendance.

Officials with Chinese equipment vendors ZTE at the expo were quoted as saying
equipment based on EV-DO is already mature and can be put into commercial use
immediately, provided the government issues the 3G licences.

However, Gould noted the "time advantage" enjoyed by EV-DO will not be
translated into great revenues for operators, as the need for data services has
not surged as expected.

Nokia formed an alliance in May with Texas Instruments and STMicroelectronics
to develop next-generation CDMA chips.

The vendor team is initially focusing on CDMA2000 1X chip sets, already being
used in Nokia handsets.

By next year, development will shift to EV-DV.

Nokia had indicated it would produce EV-DV handsets next year, and US-based
CDMA carriers, such as Sprint PCS and Verizon Wireless, hinted they would be
aggressive with EVA-DV adoption when handsets based on the technology were
available.

Nokia's continuing CDMA push will help it win a better negotiating position
with Qualcomm and other companies, Gould said.

"We cannot avoid Qualcomm's patents, which are essential to the standards.
Everyone has to use them," he said.

"What we are trying to do, in Nokia's perspective, is to make sure our
negotiating position is as strong as possible."

Nokia has the second-largest number of patents and IPRs in the CDMA technology,
only behind Qualcomm, Gould said.

Nokia, currently the leader in the handset market based on the GSM (global
system for mobile communications), will "actively participate" in China's CDMA
market in a bid to boost its global share, Gould said.

Nokia said last week, when posting its second quarter financial results, that
its share of the global market had climbed to 39 per cent.

The company has publicly stated it's aiming to increase its share to 40 per
cent.

"CDMA accounts for 20-25 per cent of the global wireless market. It is a market
size we cannot ignore. We are excited by CDMA's development in China," Gould
said.

Nokia will start selling CDMA handsets in China in the year's second half.

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