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Name and title: Louis M. Lupin, senior vice president and general counsel Age: 51 Wireless pioneer: Founded in 1985, San Diego-based Qualcomm Inc. was among the pioneers in developing the technology that makes digital wireless communications possible. Its chipsets and software enable the transmission and interplay of voice, data, photos and video in mobile telephones. Much of Qualcomm’s revenue comes from commercializing its technology by licensing intellectual property (IP) to cellphone manufacturers. More than 130 telecommunications equipment manufacturers worldwide license Qualcomm’s patents on its so-called Code Division Multiple Access (CDMA) technology. In all, Qualcomm holds more than 4,500 U.S. patents and patent applications for CDMA and related technologies. Among its other businesses, Qualcomm manufactures OmniTRACS, a satellite tracking system for long-haul trucking companies. Qualcomm, which employs more than 10,000 people worldwide, posted 2005 revenue of $5.7 billion. Shares of the Fortune 500 and S&P 500 company are traded on Nasdaq. Route to the top: Lupin joined the company in 1995 as senior legal counsel after representing the company in high-profile patent infringement litigation with InterDigital Technology Corp., which the business rivals ultimately settled. He was promoted to vice president and proprietary rights counsel and in 2000 was named general counsel. Before joining Qualcomm, Lupin practiced for nearly 10 years with Cooley Godward of Palo Alto, Calif., where he focused on intellectual property litigation in telecommunications, software and biotechnology. Legal department: Lupin oversees 95 lawyers in the legal department, which he describes as somewhat decentralized. Nearly one-third of the lawyers work in a half-dozen teams aligned with Qualcomm’s business units. In many of those teams the top lawyer reports directly to the unit’s business manager. “Immersion into the business makes them more effective lawyers and, in many cases, more effective members of the business teams,” Lupin said. Two-thirds of the lawyers work in the corporate legal group, reporting directly to Lupin. They provide specialized expertise in litigation and complex transactions and handle public reporting duties, such as to the U.S. Securities and Exchange Commission. A separate group handles patent prosecution. Many members of Lupin’s team are former IP litigation partners at big firms. He credits his cadre of paralegals for “phantom-like” movements through the company to collect the sometimes millions of documents needed in litigation. In addition, Qualcomm’s in-house litigators include former engineers who became patent lawyers. “They do a great job of teaching outside counsel and ultimately teaching judges and juries about the technology,” the GC said. Their work translating complex technology into common analogies that laypeople can understand is an “art,” he said. Nearly all of Qualcomm’s lawyers are based at the company’s San Diego headquarters, although a handful work in facilities in China; San Jose, Calif.; and North Carolina. Litigation is the focus: Lupin reports to Qualcomm President Steven R. Altman and serves on Qualcomm’s executive committee. His primary focus is the 10 or so significant pieces of litigation involving disputes over the company’s IP and competitive practices. These intense fights are pending in several U.S. courts and fair-trade regulatory commissions in Europe, the United States and South Korea. Overall, these controversies involve claims by licensees or other wireless companies of patent infringement, unfair competition, trade secret misappropriation and antitrust violations. The thicket of litigation takes up as much as 75% of Lupin’s time and is testimony to the major changes now under way in the wireless industry, he said. Any IP-intensive business will have periodic flare-ups, but in the wireless sector, IP litigation intensifies “when change starts to appear likely or a new technology starts to gain significant commercial traction.” InterDigital Technology’s suit against Qualcomm is an example of that fact of life. That litigation was spawned when Qualcomm proposed CDMA as an industry standard, against a competing technology being promoted by its business rival. These days, the litigation flash point involves Qualcomm’s latest technological development, called 3G. “Again, we have another inflection point where companies say there is a lot of money at stake,” Lupin said. “It is an impetus for another round of challenges.” These disputes are almost always settled, because the opponents have to continue to deal with each other. “The parties are sophisticated business entities who ultimately try to find their mutual interests and compromise their mutual differences,” he said. Much recent litigation involves Broadcom Corp., a communications semiconductor company. Broadcom has filed many claims against Qualcomm, which returned fire with its own suits. The litigation is all about leverage, Lupin said. Broadcom needs a license from Qualcomm, Lupin said. “We are willing to grant them one, but so far they haven’t liked the terms,” he said. Outside counsel: Lupin relies heavily on a number of firms for intellectual property litigation. Among them are IP boutique Day Casebeer Madrid & Batchelder in Cupertino, Calif., whose principals are former private practice colleagues of Lupin’s; the San Diego and Menlo Park, Calif., offices of Heller Ehrman; Latham & Watkins’ San Diego office; and the San Diego and Palo Alto, Calif., offices of Cooley Godward. Also assisting with litigation are lawyers in the Washington and Brussels offices of Washington-based Howrey, as well as Cravath, Swaine & Moore lawyers in New York. Qualcomm’s outside transactional business primarily goes to DLA Piper Rudnick Gray Cary’s San Diego office. Personal: Lupin holds an undergraduate psychology degree from Swarthmore College and graduated in 1985 from Stanford Law School. He was born in Philadelphia and grew up in Wilmington, Del. He and his wife, Margarita, have three children: Gabriel, 18; Daniel, 13; and Leanna, 12. He likes to snow ski. Last book and movie: The Elegant Universe: Superstrings, Hidden Dimensions, and the Quest for the Ultimate Theory, by Brian Greene, and The DaVinci Code.

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