Thursday, September 1st 2022
Arm Files a Lawsuit Against One of its Biggest Customers, Qualcomm
The world of semiconductor IP licensing is complex by nature. If you use a company's IP, you must agree to its licensing terms. Today, it is precisely those terms that are being breached in the event of Arm Ltd. filing a lawsuit against one of its biggest customers, Qualcomm. When Qualcomm acquired Nuvia Inc., regarded as one of the best CPU design teams in the industry, it transferred Arm-Nuvia license agreements as its own. It continued the development of Arm IP under Qualcomm's name. This is a standard restriction, as Arm's licensing prohibits these sorts of IP transfers among companies to protect the IP.
As the UK-headquartered company reports: "Because Qualcomm attempted to transfer Nuvia licenses without Arm's consent, which is a standard restriction under Arm's license agreements, Nuvia's licenses terminated in March 2022. Before and after that date, Arm made multiple good faith efforts to seek a resolution. In contrast, Qualcomm has breached the terms of the Arm license agreement by continuing development under the terminated licenses. Arm was left with no choice other than to bring this claim against Qualcomm and Nuvia to protect our IP, our business, and to ensure customers are able to access valid Arm-based products."Interestingly, Arm is now " seeking specific performance of the contractual obligation to destroy certain Nuvia designs, an injunction against trademark infringement as well as fair compensation for the trademark infringement." With this case now reaching the United States District Court for the District of Delaware, it is a matter of time before we see more information about the case. The two could settle; however, Arm has pointed out that it tried it off-court with Qualcomm, and it didn't work.
Source:
Arm
As the UK-headquartered company reports: "Because Qualcomm attempted to transfer Nuvia licenses without Arm's consent, which is a standard restriction under Arm's license agreements, Nuvia's licenses terminated in March 2022. Before and after that date, Arm made multiple good faith efforts to seek a resolution. In contrast, Qualcomm has breached the terms of the Arm license agreement by continuing development under the terminated licenses. Arm was left with no choice other than to bring this claim against Qualcomm and Nuvia to protect our IP, our business, and to ensure customers are able to access valid Arm-based products."Interestingly, Arm is now " seeking specific performance of the contractual obligation to destroy certain Nuvia designs, an injunction against trademark infringement as well as fair compensation for the trademark infringement." With this case now reaching the United States District Court for the District of Delaware, it is a matter of time before we see more information about the case. The two could settle; however, Arm has pointed out that it tried it off-court with Qualcomm, and it didn't work.
36 Comments on Arm Files a Lawsuit Against One of its Biggest Customers, Qualcomm
Arm is now " seeking specific performance of the contractual obligation to destroy certain Nuvia designs, an injunction against trademark infringement as well as fair compensation for the trademark infringement."
If they are forced to destroy the ip... Poof.
As already stated, surely QC's legal team were/are aware of all of the details of the licensing agreements, and did a thorough costs vs. risk analysis of everything involved...but again on the surface, this looks BAD for them, even though it is not an uncommon thing that happens quite frequently in the mega-moolah mega-verse of gazzillion $$ businesses....
And yea, ARM says they tried to work it out without resorting to legal battle, but who really knows ? That could just be them trying to make themselves appear to be the injured, suffering party here and not the bad guys, which is also not uncommon in these situations :D
Well that will push back quite a bit the ARM ISA advance if true. Other company will be more careful not to lose their license and that mean that every arm CPU vendor are less valuable as it might be difficult to buy them.
Not sure what is the goal of ARM there
I'm no lawyer but not transferable statement is pretty straight forward.
I would love to see their lawyers trying to get out of it.
Additionally, this article is written in a way that seems to assume Qualcomm's guilt without any regard for factual examination of information. This is not only poor reporting but it does a dis-service to the reader as it lacks objectivity and impartiality. ARM could very well be in the wrong in it's assertions and Qualcomm doing exactly what it's allowed to do. It is not for the press to decide, that's the purpose of a court, which is why they exist.
(New licensing agreement)
We all know
ARMARM's owner is hurting financially and trying to sell ARM as well as large portions of their other businesses to try and get their profits back up. Now that the sale fell through this seems like ARM went out and looked for anyone they could extort for a big cash grab to satisfy the financial situation, and the Qualcomm - Nuvia merger with it's bit murky licensing fits the bill perfectly.And the company who actually owns ARM has been posting big losses for quite a while now, in fact they just recently posted another quarterly loss of 22 billion.
Nvidia will also most likely be trying to get most of that 1 billion back, as the deal fell through from not getting regulatory approval and not because Nvidia simply decided not to move forward. Contract break up payment clauses can get a bit murky too when the breakup is from regulatory oversight. Either way, 1 billion gained is nothing when there is a quarterly loss of 22 billion already after that.
Ok, looks like they call it "semi-custom" whatever that means. Which is still not the same as full custom cores from Apple or Samsung's Mongoose. Is that some accounting gimmick or more like a trend? This would bankrupt most companies if it were an annual loss, let alone just for a quarter. What were they doing in previous quarters btw similar losses amounting to tens of billions?
As per these two links:
www.arm.com/company/news/2022/05/arm-delivers-record-revenues-and-record-profits-in-fy21
group.softbank/system/files/pdf/ir/financials/annual_reports/annual-report_fy2021_01_en.pdf
As per the first link So during the whole last year (2021) they had a revenue of 2.1 billion USD, not quarterly loss of 21 billions.
How big this company do you think is? ARM's total market capitalisation is about 24 billion US, so clearly (along the financial reports obviously) they can't be losing 22 billion US in a quarter. They'd be gone in just shy over one quarter, yet you haven't heard anything about their demise.
Your argument seems to be solely about ARM's profit and market cap, yet I clearly said the company who own ARM has been doing badly and trying to wring out quick profits everywhere they could.
Vision fund also has money from the Middle East, so they're also feeling the pinch of this hit.
SoftBank
as in not ARM itself, but rather the mother company as a whole.So the ARM posted record revenues and record profits as per ARM's NEWSROOM article, while the other businesses within Softbank did poorly, so much so that the whole company lost about 23 billion dollars in just one quarter.
Hell even the first paragraph in that article you posted says it all: Or for those who can't read between the lines, here's what happened.
The CEO of SoftBank group Mr. Masayoshi Son went on a buying spree acquiring tech companies left and right last year when tech (and other sectors for that matter) stocks were at their all time highest. After just one quarter the whole stock market crashed and with it valuations of all the companies in the stock market (10s of thousands of companies). Among those stock crashed companies were also the companies said Mr. Masayoshi Son had bought.
So in the process of buying those companies, the portfolio of SoftBank's assets has lost about 22 billion dollars.
See? This has nothing to do with bad ARM performance, but rather bad management performance from Mr. Masayoshi Son.
As already stated, ARM has had a record revenues and record profits in the 2021 year.
It's just mindblowing that while the non-Apple ARM microarchitecture designs (especially those directly from ARM) have been in absolute backwater for years, ARM would still sue the only serious developer left for trying to develop a better u-arch.
I would not be surprised this would be one of the biggest RISC-V pushers. ARM is demonstatably incompetent in high-performance cores, and will scrutinize you for doing so, if not Apple you are.
QC: Hey lets buy a company that better at ARM tech than we are.
QC: Oh look there's Nuvia, and guess what!
QC: that have an ARM license too.
QC: lets buy it, but only for the ARM license!
QC: phew we dont need a new license !
ARM's empty wallet: Wait a minute here.. no no no. We want more money for the correct unified unused certified license renewal sticker ( just for your license plate!)!
Also Arm uses "Arm" in their own newsletter... And seem to use it multiple places on their webpage