*
Arm claims Qualcomm ( QCOM ) used its technology without permission
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Arm CEO: Company has not yet made its own chip, still
evaluating
future strategies
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Qualcomm ( QCOM ) alleges Arm viewed it as a competitor
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Qualcomm ( QCOM ) CEO might testify
(Rewrites throughout with new testimony and documents from
Arm's chief executive)
By Tom Hals and Max A. Cherney
WILMINGTON, Delaware, Dec 16 (Reuters) - The chief
executive of Arm on Monday downplayed the
company's ambitions to become a chip supplier in its own right
at a trial against Qualcomm ( QCOM ), a major customer that pays Arm an
estimated hundreds of millions of dollars per year.
The crux of the litigation is a clash over Qualcomm's ( QCOM )
license agreement for the use of Arm's intellectual property
following Qualcomm's ( QCOM ) $1.4 billion acquisition of chip startup
Nuvia in 2021.
The remedy Arm is seeking in the case is the destruction
of Nuvia's designs, which it alleges form the basis of the
low-powered AI PC chips that Nuvia's executive team helped
Qualcomm ( QCOM ) design. Microsoft ( MSFT ) and others expect those
chips, launched earlier this year, will help the Windows
operating system regain ground lost to laptops made by Apple.
Arm is central to the chip industry, licensing out
underlying technology to almost every company in the industry as
a neutral player. The British firm alleged that Qualcomm ( QCOM ) was
required to honor Nuvia's royalty rates for the chip designs it
was using in Qualcomm's ( QCOM ) chips, rather than paying Qualcomm's ( QCOM )
much lower rates.
At the trial in U.S. federal court in Delaware on
Monday, jurors were shown documents that indicated Nuvia's
royalty rates were "many multiples" more than Qualcomm's ( QCOM ), and
allowing Qualcomm ( QCOM ) to pay the lower rates would have damaged
Arm's business model.
Qualcomm's ( QCOM ) acquisition of Nuvia potentially trimmed $50
million from Arm revenue, according to estimates in internal
documents that were shown to the jury.
"We've never had an issue like this," Haas told the
court.
During a cross-examination of Haas, Qualcomm's ( QCOM ) attorney
tried to portray the royalty dispute with Qualcomm ( QCOM ) as part of a
strategy for Arm to confront a customer that it increasingly
viewed as a competitor.
Qualcomm's ( QCOM ) legal team showed a document that Haas prepared
for Arm's board outlining a strategy for Arm to start designing
its own chips, which would pit it against Qualcomm ( QCOM ) and other Arm
customers.
Haas was dismissive of the documents. He said that Arm
doesn't build chips and never got into the business but said he
is always considering various possible strategies.
"That's all I think about, is the future," he told the
eight-person jury.
Qualcomm's ( QCOM ) attorneys also questioned Haas over letters
that Arm sent to dozens of Qualcomm's ( QCOM ) customers, including
Samsung Electronics ( SSNLF ). The letters said the Arm
dispute could result in the forced destruction of Nuvia
technology, against Qualcomm's ( QCOM ) demands.
A Qualcomm ( QCOM ) attorney called those letters "misleading"
and many chip industry insiders have wondered whether Arm's
appetite for destruction would disrupt Qualcomm's ( QCOM ) ability to
supply chips to the PC industry.
"I felt we had a reason," Haas said. "We were getting
lots of questions from partners and customers at almost every
meeting with senior executives."
Arm is expected to call its final witnesses on Tuesday
and show some video from depositions before it rests. Qualcomm ( QCOM )
might call its CEO Cristiano Amon.
The judge indicated on Monday that the jury might begin
deliberations as soon as Thursday.
Arm has not asked for monetary damages. According to
Bernstein analyst Stacy Rasgon, Qualcomm ( QCOM ) pays Arm roughly $300
million a year in fees.
Britain-based Arm is owned by SoftBank Group, which
listed Arm in the U.S. in 2023.