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Qualcomm's lawyers up the theatrics, call Apple's FRAND licensing maneuvers a "sham"

Posted: , by Daniel P.

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Qualcomm's lawyers up the theatrics, call Apple's FRAND licensing maneuvers a
Qualcomm, as one of the companies that benefited the most from the mobile revolution, is chock full of wireless patents on various subjects, which it is no doubt eager to monetize as FRAND licences to all the other parties involved in the industry, and the fees represent a huge part of its revenue.

Perhaps that is why, when asked by ITC about its opinion on FRAND licensing offered to Apple by companies like Samsung and Motorola, Qualcomm issued a pretty condemning statement, as Cupertino just walked away from the initial offers:

Of course, Apple’s premise of ‘a willing licensee with a good-faith disagreement who wants nothing other than for a disinterested party to determine what terms are FRAND’ is itself a sham and a pretext. At the recent proceedings before Judge Crabb in the Western District of Wisconsin, Apple’s ‘willing licensee’ mask fell off, when it absolutely refused–even at the cost of having its case dismissed–to commit to take a license to Motorola’s SEP portfolio on whatever terms the court might determine to be FRAND. Having literally walked away, minutes before trial, from an opportunity for an adjudication as to whether Motorola had offered FRAND terms to Apple, Apple should be embarrassed–but apparently is not–to demand that the Commission divest itself of jurisdiction unless and until a ‘U.S. Court has determined [the relevant license terms] to be FRAND’.

If Apple is not a willing licensee, and in any event there is no risk of an exclusion order (or injunction) shutting down a truly willing licensee, what is the real agenda? It is to shelter the unwilling licensee–the infringer that, like Apple, has no interest at all in paying market-validated royalty rates. It is to ensure that SEP infringers can only be called to account under rules, and in fora, in which they may gain yardage, but can never lose.


"Sham", "mask fell off", "should be embarrassed" - quite the strong wording for something as mundane as FRAND licensing fees. Qualcomm's own standard-essential patents (SEP) portfolio is huge, and Apple is using its baseband radios inside iPhones and iPads, hence its lawyers are apparently eager to nudge the licensing ship into higher SEP fees, so the patent rollercoaster has another upset passenger for the ride now.

source: FOSSPatents

14 Comments
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posted on 12 Dec 2012, 06:40 6

1. Atrixboyyy (Posts: 243; Member since: 03 Nov 2011)


QC coming hard at apple lol

posted on 12 Dec 2012, 21:10 1

11. PhenomFaz (Posts: 1064; Member since: 26 Sep 2012)


yup i guess everyone's gonna take a shot at Apple by 2013...and quite frankly Apple deserves it...the whole company is a sham!

posted on 16 Dec 2012, 19:35 1

13. maxout (Posts: 32; Member since: 20 Oct 2012)


may be 2012 is true for the apple lolz.... Desperate company is suing the whole world in order to suppress the rise of non-apple products and stealthy competition from world wide manufactures.

posted on 12 Dec 2012, 06:47 10

2. Nathan_ingx (Posts: 2999; Member since: 07 Mar 2012)


That's right...everyone take a bite each on Apple.
Soon there'll be just the seed pod left...

posted on 12 Dec 2012, 07:59 4

6. blade19 (Posts: 58; Member since: 29 Apr 2011)


lol... we also don't want any seeds left. May spawn of new apples... :)

posted on 12 Dec 2012, 10:39 5

8. Nathan_ingx (Posts: 2999; Member since: 07 Mar 2012)


I actually don't want Apple to be extinct...just want then the 'endangered species' tag on them. They 'might' learn to to humble down a bit.
I don't think their products are bad, i think they're overpriced and over-rated.

posted on 16 Dec 2012, 19:38

14. maxout (Posts: 32; Member since: 20 Oct 2012)


thats the reason i hate on them... :) Apple started with good quality products with high price margin. now with the competition they need to bring them down since the R&D has recovered more than enough and over all company has been profitable. Put a rag on greedy hole else people will chew you out.

posted on 12 Dec 2012, 06:59 9

3. gazmatic (Posts: 559; Member since: 06 Sep 2012)


apple sucks anyway... their licensing policies are rubbish... they charge people $30-$40 for their patents but only wish to pay $1 for other peoples patents...

i will not miss apple at ALL...

posted on 12 Dec 2012, 07:38 5

4. PapaSmurf (Posts: 7711; Member since: 14 May 2012)


Looks like 2013 is going to be a bad year for Apple and a good one for everyone else. Karma is a b---h!

posted on 12 Dec 2012, 08:00 1

7. Nathan_ingx (Posts: 2999; Member since: 07 Mar 2012)


Oh, oh, i know that one...
*Beach* :P

posted on 12 Dec 2012, 07:50

5. tuxpower (Posts: 10; Member since: 26 Jul 2012)


FOSSPatents is a Microsoft/Oracle shill. Just sayin'.

posted on 12 Dec 2012, 19:13 1

9. bayusuputra (Posts: 941; Member since: 12 Feb 2012)


Oh, well.. Apple has just got the dragon snapped..

posted on 12 Dec 2012, 20:50

10. InspectorGadget80 (Posts: 6233; Member since: 26 Mar 2011)


Another good company TELLING APPLE IS A BUNCH OF FOOLS and a dumb to sue anyone just because their making money or selling more devices than they are

posted on 12 Dec 2012, 21:27

12. ardent1 (Posts: 1991; Member since: 16 Apr 2011)


Smart people know the QC lawyer is SIMPLY FOS. Just look at the HTC - Apple agreement. Apple does license some of it's technology.

But don't tell the android folks, they still don't believe HTC settled with Satan. Btw, for a long time, I was recommending HTC settle with Apple.

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