That doesn't matter; ARM's argument is, that the Nuvia IP is bound to Nuvia's license and cannot be used with a different license (which Qualcomm has, without limitation to server).
License terms like this change all the time. The real question is why ARM isn't offering reasonable terms to allow this - or are/did they and it was rejected?
Probably a negotiating tactic. ARM is starting out by asking for something extreme (halting Elite X sales and destroying Nuvia's IP), when what they really want is for Qualcomm to renegotiate a new license for the IP with more money going to ARM.
>- Nuvia’s derived IP is not transferable without ARM agreement
Binds Nuvia and Nuvia's license, not Qualcomm.
An analogy I can think of is how sometimes luxury brands give gifts or discounts to celebrities for marketing purposes with contract that forbid resales. (eg [0])
In this case the brand can only sue entities it had a specific contract with.
Back to the case at hand I believe that unless Qualcomm license includes a term along the lines of "You cannot buy Arm's IP unless Arm pre-approves it"[1] to hold Qualcomm culpable of this transfer.
To my understanding Arm used this proibition mainly to terminate Nuvia's license