We don't know who is right with only public info to go on. It all depends on what exactly Qualcoms contract says.
Obviously Qualcom has fully educated and competent lawyers who have read their own contracts in detail, and concluded they are good to go.
So it's not a given that ARMs assertion is the only valid and winning assertion. It's merely what they want. Maybe they have a right to what they want, maybe they don't.
Qualcomm agrees that the Nuvia License is void, they just claim that they can transfer all their IP to the Qualcomm license:.
"3. Qualcomm has its own license agreements with ARM, under which Qualcomm has licensed and paid for the same intellectual property that NUVIA licensed under its own separate agreements with ARM. Therefore, even though ARM terminated the NUVIA licenses, Qualcomm owns independent licenses for the same ARM technology and information"
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ARM disagrees on this, referring to a clause in their license-contract with Nuvia: "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"
The response of Qualcomm is this: "4. The notion that ARM has the right to control technology that is not ARM’s—and worse yet, to ask Defendants to destroy their innovation and inventions unless substantial monetary tribute is paid to ARM—offends customary norms of technology ownership, as well as NUVIA’s and Qualcomm’s rights under their agreements with ARM."
and this: "7. ARM’s position is a threat to the industry generally. Unless this Court rejects ARM’s arguments, ARM’s extreme position could be weaponized against all of its licensees, allowing ARM to claim ownership over all its licensees’ innovations."
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So:
1. Nuvia's license (and everything created under it) became void when Qualcomm acquired the company --> Qualcomm obviously agrees.
2. Qualcomm's license doesn't cover the IP Nuvia created with their license --> Qualcomm argues that this is "offending" and "a threat to the industry"
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So it is not so much in dispute what Qualcomm's or Nuvia's contract says, Qualcomm apparently tries to convince the court that they have the right to use Nuvia's IP despite the license of Nuvia saying otherwise...
We don't know who is right with only public info to go on. It all depends on what exactly Qualcoms contract says.
Obviously Qualcom has fully educated and competent lawyers who have read their own contracts in detail, and concluded they are good to go.
So it's not a given that ARMs assertion is the only valid and winning assertion. It's merely what they want. Maybe they have a right to what they want, maybe they don't.