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7 July 2017Patents

Qualcomm seeks ban of iPhone imports in latest twist in patent tussle

Qualcomm has filed a complaint with the US International Trade Commission (ITC), alleging that Apple infringed six of its patents in the iPhone model and requesting a ban on imports.

As well as the ITC complaint, Qualcomm filed a case against Apple in the US District Court for the Southern District of California yesterday, July 6.

The complaints relate to six patents: US numbers 8,633,936; 8,698,558; 8,487,658; 8,838,949; 9,535,490; and 9,608,675, which “enable high performance in a smartphone while extending battery life”.

“Apple continues to use Qualcomm’s technology while refusing to pay for it. These lawsuits seek to stop Apple’s infringement of six of our patented technologies,” said Don Rosenberg, executive vice president and general counsel of Qualcomm.

“Qualcomm’s inventions are at the heart of every iPhone and extend well beyond modem technologies or cellular standards.”

According to the statement released by Qualcomm, it is requesting that the ITC launch an investigation into Apple’s infringing imports and ultimately issue a limited exclusion order to bar importation of those iPhones and other products into the US.

In the lawsuit, Qualcomm is seeking damages and injunctive relief for the “unauthorised use” of Qualcomm’s patents.

The two complaints are the latest in a string of battles between the two California-based technology companies.

In January, Apple sued Qualcomm for approximately $1 billion, accusing the semiconductor company of “charging royalties for technologies they have nothing to do with”.

Qualcomm filed a counterclaim in April, saying that Apple had “failed” to uphold its share of the bargain in a business co-operation and patent agreement between the companies.

This was followed up by a request from Apple to invalidate a number of Qualcomm patents in June.

When approached by WIPR for comment, an Apple spokesperson said that the "illegal business practices" by Qualcomm are harming the entire industry.

"For years Qualcomm have been demanding a percentage of the total cost of our products, effectively taxing Apple's innovation." 

They added: "We believe deeply in the value of intellectual property but we shouldn't have to pay them for technology breakthroughs they have nothing to do with."

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More on this story

Patents
21 June 2017   Apple has sought to have 18 patents registered by Qualcomm invalidated, in the latest development to their legal battle over royalty payments.
Patents
24 July 2017   A lobbying group that represents major technology companies including Google, Amazon and Samsung has urged US authorities to reject Qualcomm’s request for a ban on iPhone imports.
Patents
1 December 2017   The complex patent dispute between Apple and Qualcomm took another twist this week with three filings being made on Wednesday, November 29.