Qualcomm has actually wished to avoid specific iPhones from being offered.
Sarah Tew/ CNET.
Apple may’ve infringed a Qualcomm patent, however that does not indicate iPhones need to be prohibited from sale, a brand-new United States International Trade Commission filing stated Friday.
Qualcomm in late 2017 had actually asked the ITC to avoid iPhones that had Intel 4G chips from being offered due to the fact that of claims of patent violation. Administrative Law Judge Thomas Pender on Friday concurred that Apple infringed one Qualcomm patent associated to power management, however it didn’t infringe 2 other patents, he stated in a last preliminary decision released to the ITC’s site.
“It is my recommendation that the statutory public interest factors weigh against issuing a limited exclusion order as to the products found to infringe the patents asserted in this investigation,” Pender composed without calling Apple or Qualcomm in his notification.
< div class ="shortcode video v2" data-video-playlist="[{" id="" now="" seeks="" a="" ban="" on="" some="" apple="" iphone="" xs="" has="" brought="" out="" new="" ally="" in="" its="" legal="" battle="" with="" apple:="" the="" palm="" pre="" news="" video="">
Watch this:
Qualcomm now seeks a ban on some Apple iPhone Xs
1:33
The case isn’t over, though. It next goes to the full ITC commission, and President Donald Trump could even weigh in.
Apple said in a statement that “Qualcomm has continued to unfairly demand royalties for technologies they have nothing to do with to protect their monopoly. We’re glad the ITC stopped Qualcomm’s attempt to damage competition and ultimately harm innovators and US consumers.”
Don Rosenberg, Qualcomm’s general counsel, meanwhile, said in a statement that his company is “pleased” the ITC judge found Apple infringed one of its patents, “but it makes no sense to then allow infringement to continue by denying an import ban. That goes against the ITC mandate to protect American innovators by blocking the import of infringing products.”
He added that “there are many ways Apple could stop infringing our technology without affecting the public interest. We look forward to a full ITC commission review in the coming months and continue to pursue the more than 40 other patent infringement cases we have brought against Apple globally.”
The two companies have been fighting over patents since January 2017, when Apple filed suit against Qualcomm for roughly $1 billion, saying the maker of wireless chips didn’t give fair licensing terms for its technology. Apple wants to pay a lower amount for using Qualcomm technology in its devices. Qualcomm, the world’s biggest provider of mobile chips, responded by suing Apple for patent infringement and seeking a ban on iPhone sales. The company maintains that no modern handset — including the iPhone — would’ve been possible without its cellular technologies.
Nearly a year ago, Qualcomm asked the ITC to ban the import and sale of certain iPhones that use Intel’s modem. Those would’ve included the iPhone X, 8, 8 Plus, 7 and 7 Plus that run on AT&T and T-Mobile. The phones that run on networks from Verizon and Sprint use Qualcomm’s modem and wouldn’t be included in the ban.
Qualcomm initially asserted 88 claims from six patents. The ITC’s decision Friday upheld only one claim from one patent.Â
Earlier this week, Qualcomm accused Apple of stealing confidential information and trade secrets related to its chip software and then providing the info to Intel, a rival chip company.
Apple gave Intel engineers confidential information, including Qualcomm source code and log files, to overcome flaws in the company’s chips used in iPhones, alleges a lawsuit filed Monday with the Superior Court of California. Qualcomm charged in the complaint that Apple used this “second source of chipsets” to pressure it in business negotiations.
Apple on Monday referred back to its previous comments that “Qualcomm’s illegal business practices are harming Apple and the entire industry.”
Because of the legal dispute, Apple has moved away from using Qualcomm modems in its devices. Its newest phones, the iPhone XS, XS Max and XR, use only Intel 4G chips.
Apple-Qualcomm ITC Notice Sept 28 by jonathan_skillings on Scribd
First published at 12:45 p.m. PT.
Update at 2:01 p.m. PT: Adds comment from Qualcomm.
Update at 2:57 p.m. PT: Adds comment from Apple.
Taking It to Extremes: Mix insane situations — erupting volcanoes, nuclear meltdowns, 30-foot waves — with everyday tech. Here’s what happens.
Fight the Power: Take a look at who’s transforming the way we think about energy.Â
