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5 January 2018Patents

USITC to probe Apple following Qualcomm complaint

The US International Trade Commission (ITC) has revealed plans to investigate Apple’s iPhone technology after receiving a complaint from semiconductor company Qualcomm.

On Wednesday, January 4, the ITC announced the probe into the smartphones, which incorporate “technologies to enhance carrier aggregation functionality, power-efficient radio frequency signal reception, power-efficient processor and memory architectures, and image processing”.

In November 2017, Qualcomm filed its complaint alleging Apple had violated section 337 of the Tariff Act by importing into and selling the smartphones in the US.

Qualcomm has asked the ITC to issue a limited exclusion order and a cease-and-desist order.

This is the second time in the past year that the ITC has begun an investigation into Apple’s smartphones based on a complaint filed by Qualcomm.

In August, the ITC announced plans to probe Apple after Qualcomm alleged that Apple had infringed six of its patents which “enable high performance in a smartphone while extending battery life” and requested an import ban.

A lobbying group representing major technology companies including Google, Amazon and Samsung then urged US authorities to reject Qualcomm’s request for a ban on iPhone imports.

And the ITC complaints are just one of the many aspects of the ongoing battle between the two companies.

The dispute began in January 2017, when Apple sued Qualcomm for approximately $1 billion, accusing the semiconductor company of “charging royalties for technologies they have nothing to do with”.

Qualcomm then filed a counterclaim in April, claiming that Apple attempted to force Qualcomm to accept “less than fair value” for its IP.

Apple followed up by requesting that 18 of Qualcomm’s patents be invalidated in June.

The following month Qualcomm filed a suit at the US District Court for the Southern District of California (the same time it filed the first ITC complaint).

At the time, Don Rosenberg, executive vice president and general counsel of Qualcomm, said: “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.”

Qualcomm also requested an injunction against Apple to dismiss or stay all foreign actions against Qualcomm or its subsidiaries, but failed in its bid.

Apple has sued the semiconductor company in China, Japan, Taiwan, and the UK.

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