Friday, July 7, 2017

Qualcomm seeks to ban iPhone and iPad imports in the United States

The legal battle between Qualcomm and Apple continues to increase , with Qualcomm calling on the US International Trade Commission (ITC) to block imports of the iPhone and iPad, Fortune reports. Qualcomm also wants to stop sales of devices already in the United States and has filed a new patent infringement case against Apple in the Southern District of California .
Apple logo
According to Qualcomm, Apple infringes six Qualcomm patents related to technologies designed to allow iPhones to conserve battery power during use. The six patents quoted by Qualcomm were awarded between 2013 and 2017 and are not standard license patents that are part of Qualcomm's battle against Apple over royalties payments .
Qualcomm is asking the ITC to block all iPhones equipped with LTE chips from competing mobile communications companies , which would include AT & T and T-Mobile models for iPhone 7 and iPhone 7 Plus equipped with Intel chips along with some iPad models. In an interview, Qualcomm attorney Don Rosenberg said Qualcomm is pursuing another lawsuit and an import ban because Apple is not willing to pay for the technology it uses.
Apple vs. Qualcomm
"If Apple was a willing licensee and Apple was a company that was, like everyone else, willing to pay for what they use, we would not be suing them with these patents," said Don Rosenberg, General Counsel at Qualcomm. "But they are not, and we feel put in a position, given all the demands that have made us all over the world, not only have to defend ourselves, but have to take some affirmative action ourselves."
As noted in Qualcomm's ITC application, a possible ban on iPhone 7, iPhone 7 Plus and future iPhones would not occur for approximately 18 months, so it would not affect the devices Apple plans to launch in September 2017 . Qualcomm expects ITC to review the complaint in August and schedule a trial for 2018, and believes that the new patent infringement case filed today could be suspended until the ITC makes a decision on the import ban.
The dispute between Apple and Qualcomm began in January, when the FTC complained that Qualcomm had participated in anti-competitive patent licensing practices. Apple sued Qualcomm for $ 1 billion shortly after, accusing the company of charging unfair royalties for "technologies that have nothing to do with" and refusing to pay quarterly rebates.
Qualcomm countered in April, accusing Apple of violating license agreements, making false statements and encouraging regulatory attacks against Qualcomm , prompting Apple to stop paying royalties to Qualcomm altogether until a court can determine the appropriate amount.
Since then, the two companies have been fighting a bitter public battle. Apple in late June extended its lawsuit against Qualcomm and accused the chip maker of "double dip" with unfair patent licensing agreements. According to Apple, Qualcomm has overburdened billions of dollars, while Qualcomm says that its innovations are "at the heart of every iPhone . "
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