Pre-trial judge speaks out against Qualcomm's legal strategy in patent case vs. Apple

Pre-trial judge speaks out against Qualcomm's legal strategy in patent case vs. Apple
When Qualcomm sued Apple for patent infringement, the lawyers for the iPhone manufacturer filed for declaratory judgment on a couple of major issues. Apple wanted the court to decide in advance that nine of Qualcomm's patents were invalid, and as a result there was no infringement by Apple. When it filed an amended complaint, Apple tacked on nine more Qualcomm patents that it wanted a ruling on before the trial.

Qualcomm then decided not to file compulsory infringement counterclaims against Apple, a move that prevents the chip maker from filing these charges against Apple in this case, forever. But as the start of the trial moves closer, Qualcomm has decided to present to the jury expert testimony related to patent infringement. Apple, needless to say, was steamed and filed a motion to strike. The judge ruled on Tuesday that Qualcomm will not be able to use certain segments of written expert reports during the trial. The judge will allow Qualcomm to present expert testimony related to standard-essential patents. And those important and necessary patents are supposed to be offered to firms on a FRAND (Fair, Reasonable and Non-Discriminatory) basis.

Qualcomm's actions seem to have upset United States Magistrate Judge Mitchell D. Dembin, who said, "To the extent that Qualcomm claims they have disclosed in discovery their views regarding infringement and, consequently, there is no surprise and no prejudice, is unavailing. Rules are rules and tactical decisions have consequences."

Apple and Qualcomm are involved in a number of legal actions. The first one was filed by Apple in January 2017 when the latter claimed that "For many years Qualcomm has unfairly insisted on charging royalties for technologies they have nothing to do with." You can read the decision made by the judge to strike some of Qualcomm's expert testimony directly below.

source: Scribd via FossPatents



1. strategic_developer

Posts: 1627; Member since: Jul 17, 2018

More judges in Apples pockets? Can anyone in the US get a fair trial vs Apple? Even Microsoft had it difficult even with their win over Apple. Rule one. If you sign a contract you need to pay. If their was an issue with QC, use someone else and don't t sign a deal. You can't sign a contract on a car note and then get a judge to argue you're paying to much. A judge who does not make technology, or has zero understanding of what it takes to make it, should have zero input on what is a fair price to pay. Apple just wants to make more profit as they pass zero discounts ro customers.

2. Dr.Phil

Posts: 2340; Member since: Feb 14, 2011

It’s as if you didn’t even read the article and came down to the comment section instead. QC was given time to file a counter motion against what Apple was charging, they chose not to do so. Then right before proceedings are supposed to begin, QC decided to bring in testimony about the counterclaims that they chose not to file. You can’t do that. But also the judge didn’t give Apple everything they wanted. They didn’t rule that the patents were FRAND worthy yet, which now gives QC time to prove that they don’t fall underneath that category. If it does, then Apple can make the case they were being discriminated against in terms of pricing and what companies they were allowed to work with. If not, then Apple has to pay up.

3. kiko007

Posts: 7493; Member since: Feb 17, 2016

That’s TechieXP’s nineteenth alt account my guy. He has never been a fan of reading past the title. Report him and move along.

4. Supah

Posts: 692; Member since: Mar 08, 2017

You're actually counting? That's just sad.... Get a life you iMoron

7. kiko007

Posts: 7493; Member since: Feb 17, 2016

Oh look, fuccboi mcgoo is at it again. No, I didn’t actually count. Hyperbole... have you heard of it? Likely not considering how uneducated you happen to be.

8. AVVA1

Posts: 228; Member since: Aug 01, 2017

What's sad are the likers of his/her post. Smh

11. Leo_MC

Posts: 7216; Member since: Dec 02, 2011

There are some people that will up vote anything that relates to their idiot opinion about a company.

10. Leo_MC

Posts: 7216; Member since: Dec 02, 2011

Yes, Apple has lost a half a billion dollar trial this very year.

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