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Exhibit
10.92
AMENDMENT TO PATENT
LICENSE AGREEMENT
This Amendment effective as of
January 1, 2007 is to the Narrowband CDMA and Third Generation
Patent License Agreement (“CDMA PLA”) dated
January 15, 2002, between InterDigital Technology Corporation
(“ITC”), a Delaware corporation with a mailing address
of Suite 105, Hagley Building, 3411 Silverside Road, Concord Plaza,
Wilmington, DE 19810, and NEC Corporation (“Licensee”),
a company organized and existing under the laws of Japan, with a
mailing address of 7-1, Shiba 5-chome, Minato-ku, Tokyo 108-8001,
Japan.
PREAMBLE
WHEREAS, ITC and Licensee are parties to
the CDMA PLA.
WHEREAS, Licensee notified ITC that
Licensee intended to enforce its most favored licensee
rights.
WHEREAS, as a result, the parties have
agreed to modify the royalty rates and terms with respect to
Covered Subscriber Units and Covered Infrastructure Units under the
CDMA PLA and to eliminate the most favored licensee provision under
the CDMA PLA, as further set forth herein.
NOW, THEREFORE, in consideration
of the mutual promises contained herein, and intending to be
legally bound, the parties agree as follows:
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1. |
Amendment to CDMA PLA - CSUs. Section 3.1.1(i) of
the CDMA PLA relating to royalties payable on Covered Subscriber
Units compliant with Narrowband CDMA and Third Generation is hereby
deleted in its entirety and replaced with the
following: |
“For Covered Subscriber
Units compliant with Narrowband CDMA and Third Generation, at the
rates and subject to the caps set forth in the below
table.
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Calendar Year(s) of
Sale
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Royalty Rate
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**
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** |
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**
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** |
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**
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** |
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**
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**
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Material has been omitted and filed separately with the
Commission. |
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2. |
Amendment to CDMA PLA - CIUs. The first paragraph of
Section 3.1.1(ii) of the CDMA PLA (ending wit |
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