ITC staff says Qualcomm request for U.S. ban on certain iPhones is not in the public interest

ITC staff says Qualcomm request for U.S. ban on certain iPhones is not in the public interest
Last December, Qualcomm filed a second complaint with the U.S. International Trade Commission (ITC) seeking a ban on U.S. imports of the Apple iPhone. The particular models that Qualcomm is looking to block from reaching the states are those that contain an Intel modem chip. In recent years, Apple has employed both Qualcomm and Intel components for cellular connectivity, and went to Intel exclusively with the just introduced 2018 models.

This morning, opening statements were heard by the ITC as the hearing to determine whether Qualcomm's request should be granted got under way. Qualcomm is asking the agency to ban imports of the Apple iPhone 7 and Apple iPhone 8 in the U.S. because these handsets infringe on three Qualcomm patents. If the ITC rules that any of the patents were used illegally by Apple, it can issue an exclusion order after taking into consideration whether such a ban would be in the public interest, would slow innovation in new technologies, and lessen competition in the industry.

The intellectual property that Qualcomm says that Apple infringed on includes U.S. patents 9,154,356 and 9,473,336. These are both related to carrier aggregation, which is when multiple carriers combine their channels to increase the capacity of their networks. The third patent involved, U.S. patent 8,063,674, deals with power saving features for integrated circuits.

Thus far, the hearing is not going the way Qualcomm drew it up on the blackboard. The ITC staff recommended today that the commission's three patents be considered valid by the ITC's decision makers, but also said that the patents should not be considered infringed upon. This could immediately prevent the commission from finding in Qualcomm's favor and authorizing an iPhone import ban, unless the final ruling goes against the staff recommendations and finds that Apple infringed on one or more of the aforementioned patents.

The ITC staff also found that an import ban placed against the iPhone would negatively impact competition in the modem chip market. Considering that for now, Apple's two choices to provide it with baseband chips for the iPhone are Qualcomm and Intel, banning Intel powered iPhones from the U.S. would harm competition and negatively impact consumers in the states. Thus, such a ban would not be considered to be in the public interest.

The hearing should run for a few more days with a final decision from the ITC due on May 22, 2019.

source: FOSSPatents

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8 Comments

1. michaelny2001

Posts: 326; Member since: Aug 01, 2012

lol, it never is. it's all about the cash.

2. toukale

Posts: 624; Member since: Jun 10, 2015

This is what some are not getting, it’s not that Apple refuses to pay, Qualcomm’s money is setting in an escrow account. Apple just wants the court to decides what is fair for “Frand” patents. Actually Apple is using the law as it is written for “Frand” patents. Qualcomm just wants to use this as leverage to force Apple into a settlement. The court can see that and refuses to go along.

5. Atechguy0

Posts: 918; Member since: Aug 03, 2018

Wrong Apple is using Qualcomm components right now in their iPhones. Yet Apple isn't paying because they want the court to settle the Frand payments. Even though new Qualcomm parts have gone into their iPhones. Shady Apple.

6. toukale

Posts: 624; Member since: Jun 10, 2015

Again, there is an ongoing case about the price so why make a payment when the amount is the thing in question. All the court requires in this case is that Apple have the money in escrow while the case is taken place and Apple have shown that they have and they agree.

3. slim3bdo

Posts: 168; Member since: Jun 05, 2017

So when apple seu other oem for having square shaped phones , it's not for money and it wouldn't hurt innovation , but the other way around will hurt innovation . Apple not only got PA and all American media in it's pocket it got the US court system on it's pay roll ,that's funy and sad .

4. toukale

Posts: 624; Member since: Jun 10, 2015

Exhibit A of someone who does not get what's going on or blinded by his/her bias to think clearly. Apple have yet to sue anyone for "FRAND" patents. Which is what this case is about. Educate yourself and you will clearly understand and see what's going on. Stop letting your emotion\hate for anything Apple get the best of you. Life is too short and precious to waste it hating a corporation who has done noting to you but going about its business.

7. Finalflash

Posts: 4063; Member since: Jul 23, 2013

Lol tell that to Obama and his veto in favor of Apple. You must be quite fashionable, what with the rose gold colored glasses and a wool coat.

8. slim3bdo

Posts: 168; Member since: Jun 05, 2017

You are a true exhibit of a person who doesn't understand what corporations and the greed capitalism does to the all aspects of human life , wether it's tech , health , income , education , etc ... I have a brain that I use , the patent system is broke , yes you can come with new inventions and have one time reasonable fee from other companies who want to use it , that's good , but what's happening right now is installing of systems that benefit the big corporations and f*** small companies and individuals . Stop repeating words and start thinking with your brain

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