US iPhone imports imperiled as ITC hears Qualcomm complaint
The first of more than a dozen legal actions between Apple and Qualcomm went to trial in Washington, D.C., on Friday, where U.S. International Trade Commission staff issued a recommendation that the presiding trade judge find the iPhone maker in infringement of Qualcomm IP.
Brought in front of an ITC judge, Qualcomm's complaint alleges iPhone and iPad models powered by Intel cellular modems are in infringement of owned patents relating to various mobile technologies including carrier aggregation, graphics processing and signal amplification. The chipmaker last July asked the body to block the import of such equipment and implement a U.S. sales ban in a bid to force a settlement.
After reviewing the case, ITC staff lawyers lodged an opinion that a judge find in favor of Qualcomm on at least one patent covering battery-saving technology, reports Reuters.
While ITC staff act as a neutral third party, judges often side with their recommendations, the report said. In this case, such a ruling could lead to exclusion and cease and desist orders targeting a number of iPhone models.
Apple in filings leading up to today's trial proceedings argued Qualcomm's patents-in-suit are invalid. Further, the company suggests a ban on iPhone models carrying Intel modems would give Qualcomm a monopoly on cellular modems in the U.S.
Today's trial and the multiple actions that ensued between Apple and Qualcomm both domestically and abroad over the past year share a common origin in a lawsuit Apple filed against the chipmaker in early 2017.
Among other claims, the tech giant in that case alleges Qualcomm withheld nearly $1 billion in rebates in retaliation for Apple's participation in a South Korean antitrust investigation. Apple also claims Qualcomm abuses its "monopoly power" to demand high royalties and force chip buyers to license patents. The case sparked a string of suits and countersuits that span six countries.
Aside from its troubles with Apple, Qualcomm has run afoul of governmental regulators in certain jurisdictions, including the European Union, which leveled hefty fines against the chipmaker for nefarious dealings.
The ITC case is expected to conclude in January.
Brought in front of an ITC judge, Qualcomm's complaint alleges iPhone and iPad models powered by Intel cellular modems are in infringement of owned patents relating to various mobile technologies including carrier aggregation, graphics processing and signal amplification. The chipmaker last July asked the body to block the import of such equipment and implement a U.S. sales ban in a bid to force a settlement.
After reviewing the case, ITC staff lawyers lodged an opinion that a judge find in favor of Qualcomm on at least one patent covering battery-saving technology, reports Reuters.
While ITC staff act as a neutral third party, judges often side with their recommendations, the report said. In this case, such a ruling could lead to exclusion and cease and desist orders targeting a number of iPhone models.
Apple in filings leading up to today's trial proceedings argued Qualcomm's patents-in-suit are invalid. Further, the company suggests a ban on iPhone models carrying Intel modems would give Qualcomm a monopoly on cellular modems in the U.S.
Today's trial and the multiple actions that ensued between Apple and Qualcomm both domestically and abroad over the past year share a common origin in a lawsuit Apple filed against the chipmaker in early 2017.
Among other claims, the tech giant in that case alleges Qualcomm withheld nearly $1 billion in rebates in retaliation for Apple's participation in a South Korean antitrust investigation. Apple also claims Qualcomm abuses its "monopoly power" to demand high royalties and force chip buyers to license patents. The case sparked a string of suits and countersuits that span six countries.
Aside from its troubles with Apple, Qualcomm has run afoul of governmental regulators in certain jurisdictions, including the European Union, which leveled hefty fines against the chipmaker for nefarious dealings.
The ITC case is expected to conclude in January.
Comments
As for the US ITC staff siding with Qualcomm, it doesn't really make sense with all the other government fines and actions against them. Qualcomm is a monopoly that is keeping anyone else from competing. Intel has started to try and compete but this is recent.
In any event it may be a Qualcomm battery patent infringed by Apple that gets an exclusion order. In fact the ITC recommends one. It's up to the ITC judge whether to follow the staff ecommendation but they typically do. Apple dodged one few years ago, saved by Obama. Same thing might happen here if an import ban is ordered. Perhaps that's what Cook and Trump were discussing recently? If so I'd imagine Trump will want something in return.
Hell, I could see NVIDIA and AMD having a go as well. And considering Apple co-founded ARM it seems Apple has some counter patents that prove Qualcomm has nothing but FRAND patents which is entirely what this battle is all about in the first place. Given that Apple brings more money to America (despite worldwide taxes) than Qualcomm it seems odd to me that any legal mind would ever side with Qualcomm but dumber things have prevailed before when it comes to Apple.
Incidentally if I was Apple I’d short Qualcomm’s stock then buy controlling shares and then tell Qualcomm what to do.