Tag Archive for smartphone

It’s Time For The ITC To Recognize Smartphones Impact Public Welfare

Another day, another patent troll filing an ITC complaint.  In this case, Neodron—an Irish NPE—is trying to block the sale of products made by three prominent American tech companies: Amazon, Apple, and Microsoft.  This isn’t Neodron’s first ITC case, and it remains a travesty that the ITC continues to allow foreign non-practicing entities to use…

Don’t Buy Into Qualcomm’s Attempts To Distract From Its Anti-Competitive Behavior

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…

ITC Review of Qualcomm-Apple Decision Is Normal Practice

Last week, the International Trade Commission (ITC) decided to review the decision of the Administrative Law Judge (ALJ) in the Qualcomm v. Apple case at the ITC.  Unfortunately, news reports have characterized this as Qualcomm persuading the ITC to review the initial decision, as if it were unusual. It isn’t unusual at all.  The Commission…

CCIA Files Additional Comments In Qualcomm ITC Case

Last June, CCIA filed comments on the public interest issues implicated by Qualcomm’s ITC complaint against Apple.  (The ITC is required to take into account whether the public interest would be harmed by exclusion.)   Last month, the ITC Administrative Law Judge (ALJ) agreed with our comments, determining that an exclusion order was not in…

ITC: No Public Interest In Excluding Qualcomm Competitors

Over a year ago, I filed comments at the International Trade Commission (ITC).  Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…

CCIA, ACT File Amicus Brief In FTC v. Qualcomm

Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California.  As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…

Qualcomm’s Settlement With Taiwanese FTC Ignores Broken Promises

Last week Qualcomm reached an agreement with the Taiwanese Fair Trade Commission (TFTC), overturning the $778 million penalty the TFTC levied in October.  Qualcomm promised to invest $700 million in Taiwan and commit to certain process safeguards over their licensing arrangements with handset makers.  In exchange, the original TFTC ruling is wiped away. Qualcomm will…

Using A Trade Court To Avoid Antitrust And FRAND: Qualcomm At The ITC

The first Apple/Qualcomm International Trade Commission (ITC) case is about to kick into high gear, with the prehearing conference scheduled for Friday and the hearing (essentially the equivalent of a trial in the ITC) opening next week.  Qualcomm has already dropped several patents from this case and in a companion European case admitted that some…

Jury Decides Icon Patents Should Award Profits On Entire Phone

Yesterday, after almost four days of deliberation, the Apple v. Samsung jury decided Samsung owed Apple over $500 million of Samsung’s profits.   Faced with an artificial and unsound test, the jurors struggled to understand just what they were supposed to do. Ultimately, the jurors awarded Apple profits on the entire Samsung device for Apple’s…