Federal Court limits Apple's downside in upcoming infringement trial against Qualcomm

Federal Court limits Apple's downside in upcoming infringement trial against Qualcomm
Apple and Qualcomm are scheduled to square off next month in a lawsuit filed by the chip maker that claims Apple infringed on multiple  Qualcomm patents. Today a federal judge made some rulings in Apple's favor. A motion filed by Apple and granted by the judge, prevents Qualcomm from seeking compensation for any infringement that might have occurred before the suit was filed in 2017.

As reported by Bloomberg, the judge also threw out one of the infringement charges filed against Apple, essentially stating that the latter did not illegally use that specific Qualcomm patent. That still leaves a number of Qualcomm patents related to graphics processing and energy efficiency that the court can find Apple used without permission. These patents are not of the standard-essential type that Apple is suing Qualcomm about in other trials. Standard-essential patents are those that a manufacturer needs to license to make sure that its product meets technical standards; these patents are supposed to be licensed on a Fair, Reasonable and Non-Discriminatory (FRAND) basis.

Additionally, the International Trade Commission (ITC) today announced that on March 26th, it will issue final rulings on the first two patent infringement cases that Qualcomm brought against Apple. The decision was originally due on February 19th, but was pushed back due to the government shutdown. The ITC is also reviewing a ruling made in September by Judge Thomas Pender, who ruled that Apple infringed on one Qualcomm patent, but did not infringe on another two patents. Despite finding Apple liable for infringing on that one patent, Judge Pender said that it would be against the public interest to ban the sale of iPhone handsets in the U.S.

In December, a court in China ruled that Apple had infringed on a pair of Qualcomm patents leading to a preliminary injunction against the sale in China of the Apple iPhone 6s through the iPhone X. Days later, a court in Munich found that Apple infringed on a different Qualcomm patent; this resulted in a ban preventing Apple from selling the iPhone 7 and iPhone 8 series. Apple is appealing both of these decisions.

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20 Comments

1. Atrixboyyy

Posts: 607; Member since: Nov 03, 2011

Anything for the fruit!

3. lyndon420

Posts: 6823; Member since: Jul 11, 2012

In the USA maybe, but other countries aren't bending over quite so easily.

21. IT-Engineer

Posts: 566; Member since: Feb 26, 2015

To some extent, USA has forced us indirectly here in Denmark to cut all telecommunication contracts with Huawei, and pushing to use Cisco so they can have a backdoor. They are doing the same with France, and the rest of Scandinavia.

20. IT-Engineer

Posts: 566; Member since: Feb 26, 2015

Yup, real technological patent is FRAND when it's against Apple, but a stupid childish patent on rounded edges icons is not FRAND and Samsung was ordered to pay hundreds of millions of dollars. As the late Steve Jobs said Good artists copy, great Artists steal (Which is Apple). I just blame Microsoft, they are the ones who saved Apple from bankruptcy back in 1999-2000, by giving them Money and publishing Office to MAC'es. I'm sure good old Bill Gates regrets that now.

2. dnomadic

Posts: 423; Member since: Feb 20, 2015

They are too big to fail

4. lyndon420

Posts: 6823; Member since: Jul 11, 2012

But are they really? What percentage of the globe would you say uses Apple products?

5. apple-rulz

Posts: 2195; Member since: Dec 27, 2016

As much as it burns you and the other trolls, Apple will prevail whilst you all toil away in obscurity.

6. toukale

Posts: 645; Member since: Jun 10, 2015

What some here always fail to account for is that Apple own about 70% of the market that really matters to businesses. They control the largest of the market that has the most buying power. iOS 15% market shares has more buying power than the 85% of Androids in total. That’s the reason why Google is paying all the billions they do for search and why advertisers pay a lot more for iOS users. Those are not done by accident they are facts and businesses don’t care for fanatics like a lot of folks on forums do.

7. djcody

Posts: 228; Member since: Apr 17, 2013

oh boy how wrong you are. I have very close touch to businesses on daily basis. I see on my own how many of them dropping ipad and iphones for android handsets. You know what is most reason for it? Cost! Business always will calculate cost over look, brand etc. they will cut cost to make more profit.

11. midan

Posts: 2989; Member since: Oct 09, 2017

"oh boy how wrong you are." No, he's very right "I see on my own how many of them dropping ipad and iphones for android handsets" There was just a research which told loyalty in ecosystem is higher than ever before.

13. mootu

Posts: 1527; Member since: Mar 16, 2017

"There was just a research which told loyalty in ecosystem is higher than ever before." A survey of 500 people is not scientific research.

18. midan

Posts: 2989; Member since: Oct 09, 2017

It gives you 95% confidence, so it's very good. "How many people are there in the group your sample represents? This may be the number of people in a city you are studying, the number of people who buy new cars, etc. Often you may not know the exact population size. This is not a problem. The mathematics of probability proves the size of the population is irrelevant unless the size of the sample exceeds a few percent of the total population you are examining. This means that a sample of 500 people is equally useful in examining the opinions of a state of 15,000,000 as it would a city of 100,000. For this reason, The Survey System ignores the population size when it is "large" or unknown" Do you really think they don't know what they are doing? they have done those surveys for many many years.

10. midan

Posts: 2989; Member since: Oct 09, 2017

Exactly

8. domfonusr

Posts: 1087; Member since: Jan 17, 2014

Sure looks like they are setting it up for an Apple victory... I think Qualcomm is gonna be the one that breaks under the strain.

9. drunkenjay

Posts: 1696; Member since: Feb 11, 2013

china will ban iphones and this is a good excuse to ban them.

12. midan

Posts: 2989; Member since: Oct 09, 2017

So you think China want chinese out from their job? sure.. iPhone is huge for China, of course they won't do that.

14. mootu

Posts: 1527; Member since: Mar 16, 2017

Don't be so sure. There's a trade war going on if you hadn't noticed, the US is trying it's hardest to ban Huawei from purchasing from US companys which in turn hits said American companies for billions of dollars. China will respond in kind and Apple is the obvious target. Governments don't care and no one wins in trade wars, it's always the consumer that gets f***** in the end. If you think China won't respond because it depends on the $8 it makes from each iPhone then sorry but you are deluded.

15. koioz

Posts: 162; Member since: Nov 29, 2018

Huge? How many? 7.5% compared to 20+ percent of other chinese brands. Lmao https://www.statista.com/statistics/430749/china-smartphone-shipments-vendor-market-share/ Foxconn will remain foxconn without apple. There's a lot of pool of OEM in China. If China will have to decide to ban entire Apple products like what US did to Huawei, it's not China who will take the blow, it's Apple itself.

17. mel0524

Posts: 81; Member since: Mar 02, 2017

Yesterday, I saw some news here or PA that apple return the iphone X sale in the U.S I think because they have banned in certain country like China and Germany of iPhone 6 to iphone X and including iPhone SE. This most likely is pulled from those country and sell here in the states and ship to other country ( that is no sales ban yet) to get some of their money back, and not to get stuck on those country. This is just my theory though :)

19. midan

Posts: 2989; Member since: Oct 09, 2017

Do you mean thishttps://www.phonearena.com/news/apple-certified-refurbished-iphone-x-availability-price-warranty_id113405 if yes, these are used or returned phones from users. Your case would mean perfect condition boxed new iPhone X.

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