Mark whenever you mention the Quantas case you always seem to leave out the contract law aspect of the case, If TPL stiulated in contract that Intel had purchased a right to only manufacture the chip, then they still could sue the downline. This aspect of the Quatas case was even stated by the Judges in their decision. TPL website clearly states that their are two types of contracts one for manufactureers, and one for re-sellers:
In light of these early, important licensing endorsements by Intel and AMD, the market demanded greater clarity and certainty. Since modern systems contain many microprocessors, system manufacturers would remain exposed until all their parts vendors obtained licenses. Indeed, system manufacturers would be exposed not only to infringement claims but also to supply chain and product design disruptions.
The MMP Portfolio Licensing Program therefore focuses licensing requirements and royalty collection on the finished "system-level" product. A royalty-free MMP Portfolio license is also available to manufacturers of chips and other unfinished goods.
