Qualcomm withheld evidence in Munich court that allowed the ITC to rule in Apple's favor
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Back in September, an International Trade Commission judge in the U.S. ruled that out of three patents Qualcomm alleged that Apple used without a license, only one was infringed on by the iPhone manufacturer. At the same time, Judge Thomas Pender said that imposing an importation and sales ban on the iPhone in the U.S. would be against the public interest and would negatively impact competition in the modem chip market.
The bottom line is that Qualcomm's European lawyers, by not promising confidentiality for the schematics, made sure that evidence that helped get Apple off in the U.S., would not be presented in Munich. Additionally, the preliminary sales ban of older iPhone models that was imposed in China following a court ruling, was made by the Fuzhou Intermediate People’s Court ex parte. That means Apple was given no notice about the hearing, and it was never allowed to present its side of the story. In other words, the court in China decided to issue the importation and sales ban simply because it decided to believe Qualcomm's filing without hearing or even informing Apple.
Tactics like these are one of the reasons why an Apple spokesman has called Qualcomm "...a company whose illegal practices are under investigation by regulators around the world." And it makes us wonder how Qualcomm CEO Steve Mollenkopf can say that he expects a reconciliation between the two firms.
Things that are NOT allowed: