3 ms·
Arm Ltd. v. Qualcomm Inc. (1:22-cv-01146) https://cdn.arstechnica.net/wp-content/uploads/2022/09/gov.uscourts.ded_.79892.1.0.pdf https://cdn.arstechnica.net/wp
by CodeArtisan 2y ago
Arm Ltd. v. Qualcomm Inc. (1:22-cv-01146)
https://cdn.arstechnica.net/wp-content/uploads/2022/09/gov.uscourts.ded_.79892.1.0.pdf https://cdn.arstechnica.net/wp-content/uploads/2022/09/gov.u...
From the complaint:
22. (Page 6)
[...]
The licenses safeguarded Arm’s rights and expectations by prohibiting assignment without Arm’s consent, regardless of whether a contemplated assignee had its own Arm licenses.
39. (Page 12)
On February 1, 2022, Arm sent a letter to Nuvia and Qualcomm terminating the Nuvia licenses effective March 1, 2022. The letter terminated the licenses based on Nuvia’s material breach of the assignment provisions of the Nuvia licenses by entering into the acquisition of Nuvia without Arm’s consent.
42. (Page 12)
On April 1, 2022, Qualcomm’s General Counsel sent Arm a letter enclosing a Nuvia representative’s termination certification. The certification acknowledged—without objection—that the Nuvia licenses had been terminated. The certification recognized the obligations upon termination, and asserted that Nuvia was in compliance. Qualcomm and Nuvia thereby conceded that termination of the Nuvia licenses was appropriate, and that the termination provisions had been triggered, are binding, and are enforceable.
47. (Page 14)
Qualcomm’s Arm licenses do not cover products based on or incorporating Arm-based technologies developed by third parties under different Arm licenses
62. (Page 17)
Upon termination, the Nuvia ALA requires Nuvia to cease using and destroy any technology developed under the Nuvia ALA, as well as cease using Arm’s trademarks in connection with any technology developed under the Nuvia ALA.