Qualcomm’s appeal of the FTC’s success in district court continues to move forward, with the second set of amicus briefs (including CCIA’s) filed the week of Thanksgiving. Qualcomm’s reply brief is due by Friday, December 13th, and oral argument is scheduled for February 13th, 2020. Judge Koh found that Qualcomm had abused its dominant position…
Tag Archive for Qualcomm
Qualcomm’s Petard: Apple Acquires Modem Business From Intel
by Josh Landau •
Yesterday, Apple officially announced its acquisition of Intel’s smartphone modem unit. Apple will receive a variety of assets from Intel, including patents, as well as a significant portion of Intel’s employees dedicated to wireless modem technology. Intel retains the ability to develop 5G systems for non-smartphone applications like PCs, Internet of Things devices, and autonomous…
EU Competition Authorities Fine Qualcomm While DoJ Says “No Problem”
by Josh Landau •
Yesterday, EU Commissioner for Competition Margarete Vestager announced the Commission’s decision to fine Qualcomm for using pricing and contract terms to force a rival out of the market. This fine follows another EU fine issued last year for Qualcomm’s use of exclusivity payments to avoid competition. If that sounds familiar, it’s because earlier this year,…
Judge Koh: Qualcomm’s Licensing Practices Destroyed Competition, Harmed Consumers
by Josh Landau •
Late yesterday evening, Judge Koh issued her anxiously-awaited ruling in the FTC v. Qualcomm litigation. The 233-page opinion extensively describes Qualcomm’s anti-competitive conduct, how it has harmed both existing and potential competitors as well as consumers, and how that conduct has ultimately harmed competition in the LTE and 5G markets. It would normally be hard…
Anything Qualcomm Can Do, Huawei Can Do (Better?)
by Josh Landau •
With the settlement of the Apple-Qualcomm litigation, the fate of the FTC’s litigation against Qualcomm has become the next topic of interest in the standard-essential patent (SEP) sphere. There are a host of reasons why the FTC shouldn’t settle that relate to concerns about Qualcomm’s behavior and its impact on competition and consumers. But beyond…
Apple, Qualcomm Settle—But That Doesn’t Mean The FTC Should
by Josh Landau •
Apple and Qualcomm have reached a global settlement to the wide-ranging dispute between the two companies. Stretching from China to the UK to the US, in a range of forums in various countries, Apple had accused Qualcomm of anti-competitive conduct in patent licensing, while Qualcomm brought a grab-bag of counterclaims. All of that is over.…
Qualcomm: Inconsistent With Respect To Facts, Its Own Actions
by Josh Landau •
In the wake of Qualcomm’s loss in front of the full International Trade Commission (ITC) yesterday, Qualcomm released a statement that doesn’t match up with the facts. Here’s what Qualcomm had to say: The implication is that the jury found the patent valid, which would be inconsistent with the ITC’s finding—but that’s not what happened.…
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
by Josh Landau •
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found that Apple infringed claim 1 (but not claim 8) of U.S. Pat. No. 8,063,674, and that the claim was valid. Based on that, she stated that she…
Reports of Qualcomm’s Imminent Death Have Been Greatly Exaggerated
by Josh Landau •
Last week, the first patent jury trial between Qualcomm and Apple concluded, with the jury deciding that Apple had infringed three Qualcomm patents and awarding Qualcomm damages. Outside of Qualcomm’s hometown jury in San Diego, though, things aren’t going so well for Qualcomm.
Don’t Buy Into Qualcomm’s Attempts To Distract From Its Anti-Competitive Behavior
by Josh Landau •
There’s been a lot of discussion about Qualcomm’s recent Chinese injunction against Apple. But that’s a distraction—the real story is, and remains, the trio of lawsuits against Qualcomm for anti-competitive practices that will be conducted over the first half of 2019. First, in January, the Federal Trade Commission’s lawsuit. Next, in April, Apple’s lawsuit. And…