Qualcomm proposes new licensing terms to lure in customers

Posted:
in iPhone edited April 2018
Qualcomm in an earnings conference call on Wednesday showed rare willingness to modify its patent licensing policies, a core segment of its business that sparked a court battle with Apple and government investigations into potentially anticompetitive practices.

Qualcomm


The U.S. chipmaker posted strong quarterly profits on revenue of $5.23 billion for its second fiscal quarter of 2018 on Wednesday, reports CNBC. Despite posting a year-over-year decline of about 13 percent, mostly due to ongoing patent disputes with Apple, contract manufacturers and other entities, Qualcomm beat Wall Street estimates.

More surprising, however, was the announcement of concessions to the firm's patent licensing business, reports Reuters.

Licensing patents from its vast portfolio of communications-related IP has long been Qualcomm's bread and butter. Most of Qualcomm's licensing revenue is based on fees charged on device-level sales. This means two smartphone makers using the same technology might be charged different rates based on the final selling price of their respective products.

The business was lucrative for Qualcomm, but that changed when Apple filed a $1 billion lawsuit against the company claiming the model amounts to price gouging and extortion. Qualcomm's licensing profit fell off a cliff when Apple began to withhold royalty payments in lieu of a resolution.

Though Qualcomm staunchly denies Apple's allegations, and similar claims examined by international regulatory agencies, it seems the firm is softening its stance on what it considers to be acceptable fees.

During today's call, Qualcomm said it is willing to put a $400 cap on its licensing basis. Expensive smartphones, like Apple's $1,000 iPhone X, would be viewed as a $400 phone in Qualcomm's calculations. The change presents a substantial rate cut to manufacturers of premium smartphones.

It appears Qualcomm is already offering lower licensing rates to major industry players.

In January, Qualcomm struck a cross-licensing deal with Samsung, offering new rates in return for Samsung's withdrawal of interventions related to a South Korean regulatory probe. The results of that agreement were made apparent on Wednesday when CFO George Davis said Qualcomm is cutting its licensing forecast by $300 million for the upcoming quarter. The reduction was due to the Samsung deal and "other moves," the report said.

Whether Qualcomm's olive branch extends to Apple is unknown. The two companies are locked in a bitter legal dispute that spans multiple jurisdictions, with Apple claiming Qualcomm abuses its "monopoly power" to charge excessive licensing fees. Qualcomm responded with a string of lawsuits claiming patent infringement.

While iPhone relied solely on Qualcomm cellular modems for years, Apple is reportedly poised to remove the chipmaker from its supply chain in the near future. The shift began in 2016 with iPhone 7, Apple's first handset to feature Intel cellular modems. Intel grew its share of Apple orders with iPhone 8, 8 Plus and X last year.

Qualcomm's position is expected to erode further this year, as Intel will reportedly supply 70 percent of modems for the 2018 iPhone lineup. Apple is expected to complete the transition to Intel in 2019.

Comments

  • Reply 1 of 12
    "...two smartphone makers using the same technology might be charged different rates based on the final selling price of their respective products." ?
    Absolutely ridiculous.

    I say keep running away from Qualcomm and don't look back.
    Apple can and should partner with good old Intel for a lot of things.
    racerhomie3GeorgeBMacjbdragon
  • Reply 2 of 12
    acejax805acejax805 Posts: 109member
    Qualcomm brought this on themselves. They forgot who the customer was in this business relationship. 
    GeorgeBMacjbdragon
  • Reply 3 of 12
    "In January, Qualcomm struck a cross-licensing deal with Samsung, offering new rates in return for Samsung's withdrawal of interventions related to a South Korean regulatory probe."

    isn't that basically bribery? 
  • Reply 4 of 12
    ksecksec Posts: 1,569member
    Oh for Pete Sake, there has always been a Cap. This is not new.
  • Reply 5 of 12
    racerhomie3racerhomie3 Posts: 1,264member
    I hope Qualcomm reforms it’s business , before it’s too late.
  • Reply 6 of 12
    19831983 Posts: 1,225member
    WTF! Am I understanding this right, if Qualcomm products are used in the iPhone X, 40 percent of that product’s retail price goes to bloody Qualcomm?
  • Reply 7 of 12
    maestro64maestro64 Posts: 5,043member
    1983 said:
    WTF! Am I understanding this right, if Qualcomm products are used in the iPhone X, 40 percent of that product’s retail price goes to bloody Qualcomm?
    No it was poorly written, I thought the same thing. No QCOM caps the phone cost @ $400 when calculating the % fee they get, if the fee is 1% the most a licensee pays is $4 phone if the phone sells for $400 or more. It was not always this way in the past, a $1000 phone would have been $10. 

    There is a second part of Apple issue is the fact Foxconn also had to pay the same fee based on the value of the parts they made for Apple.
    edited April 2018 GeorgeBMac
  • Reply 8 of 12
    GeorgeBMacGeorgeBMac Posts: 11,421member
    It seems that Qualcomm may have surrendered without surrendering...
    Apple's basic complaint was that their royalty was based on the total cost of the phone rather than a fixed fee per chip / phone.

    Mathematically, this new arrangement with a $400 cap works out pretty much the same.  In fact, it works out in Apple's favor.   That is:  the super cheap phones would now pay the same royalty as Apple's iPhones (the sole exception being the SE which is cheaper).

    It sounds to me that this is a win for Apple.
  • Reply 9 of 12

    Licensing patents from its vast portfolio of communications-related IP has long been Qualcomm's bread and butter. Most of Qualcomm's licensing revenue is based on fees charged on device-level sales. This means two smartphone makers using the same technology might be charged different rates based on the final selling price of their respective products.

    Let me get this straight.  Qualcomm bases their fee on the final cost of the device, which means that for two phones, both with the same Qualcomm chip, but having other components that differ, Qualcomm wants to increase their fee based on the inclusion of extra stuff they had no part in supplying?  So they want money for something they didn't do, right?  And if I read some other comments correctly, they also charge parts makers these same fees, thus double dipping for the same part, correct?

    On the one hand, anybody who agrees to such terms deserves what they get, frankly.  How stupid do you have to be to agree to paying one supplier more based on stuff you got from somebody else entirely?  And now those who agreed to those terms just want to be let out of them without negotiating new ones.  There's a simple way to avoid paying Qualcomm's fees, don't buy from them.

    On the other hand, if Qualcomm leveraged some kind of FRAND abuse or illegal monopoly to strong arm "weak" buyers, well, shame on them.  I still don't see how a contract to which everyone agreed should now suddenly be voided because one party doesn't like it.

  • Reply 10 of 12
    GeorgeBMacGeorgeBMac Posts: 11,421member

    Licensing patents from its vast portfolio of communications-related IP has long been Qualcomm's bread and butter. Most of Qualcomm's licensing revenue is based on fees charged on device-level sales. This means two smartphone makers using the same technology might be charged different rates based on the final selling price of their respective products.

    Let me get this straight.  Qualcomm bases their fee on the final cost of the device, which means that for two phones, both with the same Qualcomm chip, but having other components that differ, Qualcomm wants to increase their fee based on the inclusion of extra stuff they had no part in supplying?  So they want money for something they didn't do, right?  And if I read some other comments correctly, they also charge parts makers these same fees, thus double dipping for the same part, correct?

    On the one hand, anybody who agrees to such terms deserves what they get, frankly.  How stupid do you have to be to agree to paying one supplier more based on stuff you got from somebody else entirely?  And now those who agreed to those terms just want to be let out of them without negotiating new ones.  There's a simple way to avoid paying Qualcomm's fees, don't buy from them.

    On the other hand, if Qualcomm leveraged some kind of FRAND abuse or illegal monopoly to strong arm "weak" buyers, well, shame on them.  I still don't see how a contract to which everyone agreed should now suddenly be voided because one party doesn't like it.

    How stupid to agree to a deal like that?
    When it started, we didn't have a wide range of smart phones -- so the deal wasn't out of line.  And, to be a phone, it had to have Qualcomm modem -- because, until recently, they were the only game in town...

    Unfortunately, they got greedy...
  • Reply 11 of 12


    Qualcomm


    Is that the Qualcomm CEO in a Red shirt right on top? Ready to jump off the building if they lose the court case?
  • Reply 12 of 12

    Licensing patents from its vast portfolio of communications-related IP has long been Qualcomm's bread and butter. Most of Qualcomm's licensing revenue is based on fees charged on device-level sales. This means two smartphone makers using the same technology might be charged different rates based on the final selling price of their respective products.

    Let me get this straight.  Qualcomm bases their fee on the final cost of the device, which means that for two phones, both with the same Qualcomm chip, but having other components that differ, Qualcomm wants to increase their fee based on the inclusion of extra stuff they had no part in supplying?  So they want money for something they didn't do, right?  And if I read some other comments correctly, they also charge parts makers these same fees, thus double dipping for the same part, correct?

    On the one hand, anybody who agrees to such terms deserves what they get, frankly.  How stupid do you have to be to agree to paying one supplier more based on stuff you got from somebody else entirely?  And now those who agreed to those terms just want to be let out of them without negotiating new ones.  There's a simple way to avoid paying Qualcomm's fees, don't buy from them.

    On the other hand, if Qualcomm leveraged some kind of FRAND abuse or illegal monopoly to strong arm "weak" buyers, well, shame on them.  I still don't see how a contract to which everyone agreed should now suddenly be voided because one party doesn't like it.

    How stupid to agree to a deal like that?
    When it started, we didn't have a wide range of smart phones -- so the deal wasn't out of line.  And, to be a phone, it had to have Qualcomm modem -- because, until recently, they were the only game in town...

    Unfortunately, they got greedy...
    So, shortsightedness on one party's part means "contract void"?
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