[A2k] FT: Apple scores victory in case that threatened iPhone imports

Thiru Balasubramaniam thiru at keionline.org
Fri Sep 28 22:20:58 PDT 2018


However, the judge recommended against a ban on public interest grounds. He
also said he had recommended an alternative remedy, but did not disclose
details. The full commission, which normally backs preliminary findings, is
expected to rule early next year.


<SNIP>

Apple faced a potential import ban in an earlier patent battle, when the
ITC backed a Samsung claim of patent infringement. Then-president Barack
Obama used his veto power to overturn the ban on public interest grounds.

--

https://www.ft.com/content/041a8214-c35c-11e8-95b1-d36dfef1b89a

Intellectual property
Apple scores victory in case that threatened iPhone imports
Legal fight against Qualcomm now goes to full US International Trade
Commission

Apple welcomed the decision in what it called an attempt by Qualcomm to
'damage competition and ultimately harm innovators and US consumers' © EPA

Richard Waters in San Francisco

A US judge has ruled against banning imports of some iPhones into the US,
despite backing a claim from Qualcomm that Apple had infringed on one of
its patents.

The preliminary result, which still needs to be confirmed by the full US
International Trade Commission, represents an important victory for Apple
in the first part of a sprawling intellectual property battle with
Qualcomm. The US companies are fighting dozens of cases over claims of
intellectual property infringement, with potential import bans in the US,
China and Germany on the line.

On Friday afternoon administrative law judge Thomas Pender backed an
earlier recommendation from the ITC’s staff, who had concluded that Apple
infringed on one of three Qualcomm patents involved in the case. The
finding could have opened the door to a ban on US imports of iPhones that
run on the AT&T and T-Mobile networks. These devices include chips made by
Intel, while other iPhones sold in the US use Qualcomm chips.

However, the judge recommended against a ban on public interest grounds. He
also said he had recommended an alternative remedy, but did not disclose
details. The full commission, which normally backs preliminary findings, is
expected to rule early next year.

Apple welcomed the decision in what it called an attempt by Qualcomm to
“damage competition and ultimately harm innovators and US consumers”. It
also reiterated claims that the chip company had “continued to unfairly
demand royalties for technologies they have nothing to do with to protect
their monopoly”.

“We are pleased the [judge] found infringement of our patented technology,
but it makes no sense to then allow infringement to continue by denying an
import ban,” said Don Rosenberg, general counsel of Qualcomm. “That goes
against the ITC mandate to protect American innovators by blocking the
import of infringing products.”

The worldwide dispute was triggered early last year when Apple accused
Qualcomm of using its market power to charge excessive royalties on its
wireless communications technology. It also instructed manufacturers who
assemble its devices to stop handing over royalties to Qualcomm.

The chip company retaliated by filing more than 40 patent infringement
claims against Apple around the world, including two before the ITC, one of
which is at an earlier stage of deliberation.

Apple faced a potential import ban in an earlier patent battle, when the
ITC backed a Samsung claim of patent infringement. Then-president Barack
Obama used his veto power to overturn the ban on public interest grounds.



-- 
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
41 22 791 6727
thiru at keionline.org


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