Apple Claims Its Former Engineer Helped Invent Tech in Qualcomm Patent

[MacRumors]

Apple and Qualcomm have been squaring off in courts around the world, and this week, the first U.S. jury trial kicked off in San Diego, California, where Qualcomm's headquarters are located.

During today's legal proceedings, which were covered by CNET, Apple claimed that one of its former engineers, Arjuna Siva, had a hand in inventing the technologies covered in one of the patents that Qualcomm is accusing Apple of infringing on.

The patent in question covers a method that allows a smartphone to quickly connect to the internet once the device boots up. According to Apple, Siva came up with the concept for the patent and should be named on it.

Siva was an Apple employee prior to 2011, which was the year Apple released the first iPhone that used a Qualcomm chip. Prior to the release of that device, Apple and Qualcomm worked together for modem chips that would meet Apple's needs. Siva was involved in those discussions and proposed the technology that Qualcomm went on to patent.

Apple claims that while the two companies were in discussions, then-Apple engineer Arjuna Siva came up with the idea that Qualcomm would later patent. Siva, who now works at Google, will testify later in the trial.

"Does Qualcomm believe in giving credit where credit is due?" Apple's counsel, Joseph Mueller of Wilmer Hale, asked Monday.

Qualcomm director of engineering Stephen Haenichen said that Siva did not deserve to have his name on the patent and contributed "nothing at all" to the development of the feature, despite Apple's argument.

According to CNET, Apple's aim with the Siva argument is to prove that Qualcomm is hasty and careless when filing its patents. Qualcomm pays $1,500 to employees for filing a patent and another $1,500 when the patent is issued, which is another point Apple brought up to demonstrate Qualcomm's treatment of patents. Siva will testify later in the week to provide more detail on his role working with Qualcomm back before the first iPhone with a Qualcomm modem was released.

The current trial between Apple and Qualcomm will last through next week and we'll likely see additional interesting tidbits and arguments revealed as the legal battle goes on and the jury tries to decide if Apple is indeed guilty of infringing on Qualcomm technology.

Apple and Qualcomm have been fighting since January 2017, when Apple sued Qualcomm for $1 billion in unpaid royalty fees. Qualcomm countersued, and since then, the two companies have levied multiple lawsuits against one another. Two of Qualcomm's lawsuits have resulted in import bans in Germany and China, both of which Apple was able to skirt with hardware and software updates.

Article Link: Apple Claims Its Former Engineer Helped Invent Tech in Qualcomm Patent

 

[ike1707]

Now there is an interesting twist..

 

[cmaier]

Supposedly there is some sort of email documentation of this.

 

[jasheeky]

They just realized this?

 

[mattyj2001]

Qualcomm is known to take a carpet-bombing approach to patents. I wouldn't be surprised if we see a settlement of those unpaid royalties at the end of this, which will probably come abruptly, prior to jury deliberation.

 

[BornAgainApple]

They just realized this?

Oh, I bet Apple has had this tucked away for some time now, just waiting for the right moment to use it.

Edited for spelling.

 

[usarioclave]

If Apple can't keep track of their employee's contribution to third party patents, nobody can.

 

[Solomani]

If Siva's testimony ends up corroborating with Apple…. then a big setback for Qualcomm.

 

[69Mustang]

If Siva's testimony ends up corroborating with Apple…. then a big setback for Qualcomm.

Not really. It still just ends up being one side's word against the other. Siva will say he did co-invent. QC will say he didn't. Without corroborating evidence (email, text, etc.), it will just come down to who is more believable.

 

[Kabeyun]

This seems pretty thin. Either he’s on the patent or he isn’t.

Qualcomm can use the “He who snoozes loses” defense.

 

[69Mustang]

Oh, I bet Apple has had this tucked away for some time now, just waiting for the right momeant to use it.

So they held onto that info for a decade... just in case. Riiiiiiight.

 

[Khedron]

His name should have been on the patent? Meaning it isn't. Meaning Apple's point is worthless.

I like Apple's approach of arguing patents should be fair though, since they have plenty of joke patents themselves. They just got one for saying that warming something up helps prevent damage due to low temperatures... in a mobile device.
[doublepost=1551836584][/doublepost]

This seems pretty thin. Either he’s on the patent or he isn’t.

Qualcomm can use the “He who snoozes loses” defense.

I believe it's called "argument ad shoulda woulda coulda"

 

[tridley68]

Best of luck Apple .

 

[1050792]

Apple Inc inventing tech created by others™

 

[Skeith]

Boy. When all the dust settles. I'd love a film adaptation of the whole fiasco. From Michael Bay. With lotsa explosions.

 

[BuffaloTF]

His name should have been on the patent? Meaning it isn't. Meaning Apple's point is worthless.

I like Apple's approach of arguing patents should be fair though, since they have plenty of joke patents themselves. They just got one for saying that warming something up helps prevent damage due to low temperatures... in a mobile device.
[doublepost=1551836584][/doublepost]

I believe it's called "argument ad shoulda woulda coulda"

Patent law prior to 2011 was FTI - First-To-Invent.

In other words - Qualcomm is finished.

Further, if they filed without the correct inventors listed, they’ve committed fraud to the USPTO, even under FITF.

 

[cmaier]

Not really. It still just ends up being one side's word against the other. Siva will say he did co-invent. QC will say he didn't. Without corroborating evidence (email, text, etc.), it will just come down to who is more believable.

There is an alleged email

 

[genovelle]

They just realized this?

When there is a huge volume of patent applications and you are working with other companies to create in secret your first phone, I’m sure some patents are not reviewed. It wasn’t until Qualcomm tried to beat them over the head with it that the former engineer likely reminded them it was his idea. Then they pulled up the email history for the proof.

 

[bokdol]

Apple Inc inventing tech created by others™

xerox cough cough

 

[Khedron]

Patent law prior to 2011 was FTI - First-To-Invent.

In other words - Qualcomm is finished.

Further, if they filed without the correct inventors listed, they’ve committed fraud to the USPTO, even under FITF.

Apple's claim was instantly shot down. Their only evidence is that his name isn't on the patent, which proves the cover up by Qualcomm. It's conspiracy theory logic.

 

[69Mustang]

There is an alleged email

Then that would be the corroborating evidence I mentioned to take it from one word against another to a problem for Qualcomm.

 

[ike1707]

Then that would be the corroborating evidence I mentioned to take it from one word against another to a problem for Qualcomm.

buttery males

 

[BornAgainApple]

So they held onto that info for a decade... just in case. Riiiiiiight.

For this specific patent, possibly. And Qualcomm just filed the lawsuit in July 2017.

 

[69Mustang]

When there is a huge volume of patent applications and you are working with other companies to create in secret your first phone, I’m sure some patents are not reviewed. It wasn’t until Qualcomm tried to beat them over the head with it that the former engineer likely reminded them it was his idea. Then they pulled up the email history for the proof.

This is laughable. You're basically saying that the Apple employees were inept. I will give you credit for an active imagination though. Kudos

 

[usarioclave]

xerox cough cough

You need to read up on your history cough cough.