This case introduces Qualcomm's licensing practices in the mobile telecom sector, with a focus on the Chinese market. The point of view adopted is that of the partners of the fictitious Xiao Xing, a Chinese mobile phone start-up that has no sales yet but requires Qualcomm's chips in order to prototype its product. There are two cases. The main issues examined in Case A are: (a) the sort of questions and issues that entrepreneurs must examine when planning a technology start-up, including financing, location, and access to seed money; and (b) the terms under which Qualcomm's chips can be procured, and the problems posed by such terms, especially regarding the royalties involved, cross-licensing provisions included in their standard agreements, and their impact on the viability of the start-up.

This case introduces Qualcomm's licensing practices in the mobile telecom sector, with a focus on the Chinese market. The point of view adopted is that of the partners of the fictitious Xiao Xing, a Chinese mobile phone start-up that has no sales yet but requires Qualcomm's chips in order to prototype its product. There are two cases. The main issues examined in Case A are: (a) the sort of questions and issues that entrepreneurs must examine when planning a technology start-up, including financing, location, and access to seed money; and (b) the terms under which Qualcomm's chips can be procured, and the problems posed by such terms, especially regarding the royalties involved, cross-licensing provisions included in their standard agreements, and their impact on the viability of the start-up. Case B (which does not require previous study of Case A) examines the development of Anti-Monopoly Law in China and the recent measures taken by the Chinese NDRC regarding Qualcomm's licensing practices.

The case presents an investment opportunity in a Chinese technology company by using a variable interest entity (VIE). Since foreign ownership is restricted in certain sectors of the Chinese economy, like technology, a VIE can be used to structure around such regulations. VIEs are complex arrangements that rely on an intricate network of contractual relationships that have been designed to mitigate, but cannot eliminate the risk of investing without becoming a shareholder of the investment target. As almost all Chinese technology companies that are listed on exchanges outside of China use a VIE structure, it is important to understand the possible risks associated with investing via a VIE. Examples such as Alibaba are used to illustrate the risks related to using a VIE to access Chinese investment opportunities.