Investors' Soapbox: Apple's
Nokia Suit More Pressing Than Qualcomm
Highlights mine:
Investors' Soapbox: Apple's Nokia Suit More Pressing Than
Qualcomm -- Barrons.com 3:07 PM ET 5/18/17 | Dow Jones
(The opinions contained in Investors' Soapbox in no way
represent those of Barrons.com or Dow Jones & Company, Inc. The
opinions expressed are those of the newsletter's writer(s) or
analysts at research firms. Some of the research firms have
provided, or hope to provide, investment-banking or other services
to the companies being analyzed.)
Wells Fargo Securities
In this note, we catalog a comprehensive list of patent litigation
that Apple is involved in, key upcoming
dates, current status, and a detailed look at what we believe are
the most important disputes.
While, understandably, the key investor focus continues to be on
the iPhone 8 cycle, we believe these legal disputes have the risk
of introducing volatility to Apple's (ticker:
AAPL) share price if/when initial rulings are made. And though most
of the focus has been on Qualcomm (QCOM)
given the recent headlines, we believe the Nokia (NOK) litigation
is more important with the potential for news flow as early as the
end of calendar 2017.
Following the conclusion of Apple and
Nokia's prior royalty agreement, the two parties were unable to
come to new terms and Apple declined the
opportunity to go to arbitration, setting up the legal battles
of Apple versus Acacia and Nokia
versus Apple. Nokia is claiming patent
infringement
by Apple while Apple counters
that it does not violate the patents, patents are invalid, and the
patents are not enforceable due to patent exhaustion. We note that
Nokia is litigating in jurisdictions that, according to Bloomberg,
have the shortest times to trial and higher risk of blocking
infringing products and believe initial determination could come as
early as calendar fourth quarter.
In the U.S., Nokia's late December complaints with the
International Trade Commission (ITC) are expected to be heard on
Oct. 2 and Nov. 13 with Initial Determinations on March 27, 2018,
and completion on July 27, 2018. While we have less visibility to
exact dates internationally, determinations related to complaints
filed in Munich and Mannheim could potentially come as early as the
fourth quarter followed by other regions in first-quarter
2018.
While the exact rate Nokia
and Apple are asking for is unclear, we
believe the implied 0.2% rate previously paid
by Apple to Nokia is likely to be too low as
Nokia no longer needs all of Apple's intellectual
property (IP) related to smartphones since it sold its handset
business to Microsoft (MSFT). We presume a 2.7% rate similar
to Qualcomm is unlikely though a rate in
between at 1.5% would equate to a 58 basis points impact to gross
margin or 20 cents in earnings per share with every 10 basis points
change to the Nokia royalty rate impacting gross margins by an
incremental 4 basis points or 1.3 cents in EPS.
If Apple has to
pay Qualcomm the full rate
(assuming Apple is not accruing the full
amount), we estimate the impact to Apple's fiscal
2018 gross margin would be 57 basis points or 20 cents in EPS, all
else equal. We believe this may be an issue given our view that
underlying fundamental gross margins
at Apple are lower than the reported number
due to accounting benefits.
-- Maynard Um -- Munjal Shah -- Jason Ng
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