It’s Qualcomm 1, Apple 1 within the newest instalment of the pair’s bitter patent bust-up — the litigious IP infringement declare saga that additionally combines a billion greenback royalties go well with filed by Cupertino alleging that the cellular chipmaker’s licensing phrases are unfair.
The iPhone maker filed in opposition to Qualcomm on the latter entrance two years in the past and the trial is because of kick off subsequent month. But a U.S. federal court docket choose issued a bracing sharpener earlier this month, within the type of a preliminary ruling — discovering Qualcomm owes Apple almost $1BN in patent royalty rebate funds. So that courtroom appears like one to look at for certain.
Yesterday’s incremental, two-fold improvement within the overarching saga pertains to patent costs filed by Qualcomm in opposition to Apple again in 2017, by way of complaints to the U.S. International Trade Commission (ITC) during which it sought to dam home imports of iPhones.
In an preliminary dedication on considered one of these patent complaints revealed yesterday, an ITC administrative regulation choose discovered Apple violated considered one of Qualcomm’s patents — and really helpful an import ban.
Though Apple may (and sure will) request a evaluate of that non-binding determination.
Related: A special ITC choose discovered final yr that Apple had violated one other Qualcomm patent however didn’t order a ban on imports — on “public interest” grounds.
ITC workers additionally beforehand discovered no infringement of the exact same patent, which possible bolsters the case for a evaluate. (The patent in query, U.S. Patent No. eight,063,674, pertains to “multiple supply-voltage power-up/down detectors”.)
Then, later yesterday, the ITC issued a remaining dedication on a second Qualcomm v Apple patent criticism — discovering no patent violations on the three claims that remained at problem (specifically: U.S. Patent No. 9,535,490; U.S. Patent No. eight,698,558; and U.S. Patent No. eight,633,936), terminating its investigation.
Though Qualcomm has mentioned it intends to enchantment.
The blended bag of developments sit within the comparatively ‘minor battle’ class of this slow-motion high-tech world authorized warfare (although, of the 2, the ITC’s remaining determination appears extra important); together with the result of a jury trial in San Diego earlier this month, which present in Qualcomm’s favor over a number of the similar patents the ITC cleared Apple of infringing.
Reuters experiences the chipmaker has cited the contradictory consequence of the sooner jury trial as grounds to push for a “reconsideration” of the ITC’s determination.
“The Commission’s determination is inconsistent with the current unanimous jury…