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I mean, all this time Qualcomm was allowing Apple to use these patents without any kind of payments??? And only now that they are in a legal battle, they decided to sue them on these??? Is that was Qualcomm is saying?
 
I mean, all this time Qualcomm was allowing Apple to use these patents without any kind of payments??? And only now that they are in a legal battle, they decided to sue them on these??? Is that was Qualcomm is saying?

What they are REALLY saying is that they are mad Apple is also working with Intel, and they are throwing the “i didn’t want to come to your stupid party anyway” tantrum. It’s basically Imagination Technology but the screaming brat is older and throws more plates.
 
Patents are often broad enough that you cannot legally develop your own technology.

That is largely baloney. Your ability to develop is limited by your skills and ability to work around granted patents. This is in fact the whole point in patents by protecting one solution a patent forces Manu factors and inventors to come up with new solutions.
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Actually, Qualcomm isn't and can't say that because it would be an admission that they are in violation of FRAND, with the ND being non-discriminitory for those patents that are considered essential. One of Apple's central arguments is that they are being charged more for the same technology because Qualcomm is charging based on price of phone, which means every time Apple develops or adds something new, e.g., OLED screen, to a phone, Qualcomm gets paid more. The other argument that has Qualcomm wetting its pants is the double-dipping argument. Based on the recent Supreme Court decision with Lexmark printers that, in essence, says you can't charge for the equipment and then demand a license to use it (Lexmark wanted to prevent companies/customers from refilling their used cartridges and the Court said license for customers went along with purchase), it has to be one or the other. Qualcomm has been doing exactly that and a fair reading of the Lexmark case is that Qualcomm has overcharged Apple and others billions of dollars and the license to use their chips should be inherent in the purchase of the chips. If the courts agree with Apple, Qualcomm will be decimated. These lawsuits by Qualcomm are merely trying, perhaps futilely, to gain some leverage by putting issues on the table to negotiate their way out of the quagmire they are in. Keep in mind they are being sued by other companies and by more than one government.

The second part here will have a massive impact on many industries. This is something that Qualcomm and a whole bunch of other companies have been doing for a while now. With a pretty clear ruling but he Supreme Court this nonsense can come to an end. The fact that Qualcomm has huge exposure here should be something every investor on the planet should be aware of. Due to Qualcomm being worse than average here they will take a much bigger hit.
 
I do believe that Samsung was actually successful in getting a ban on iOS devices being sold in America, then Apple went crying to Obama who overturned the decision...

So I won't be surprised if Qualcomm are successful here, and Apple goes crying to Trump to overturn the decision.

I think Apple could perhaps pay less to Qualcomm, but they are doing the typical Apple way of getting that and dragging it through the courts, it's a bit rich for Allle to effectively force its suppliers to not pay Qualcomm for licences they use. I think in court Apple will lose on this front.
 
This doesn't sound like a royalty payment or a patent issue. It sounds like Qualcomm is upset that Apple can second-source the chips they need from Intel. The article doesn't seem to say that Apple is refusing to pay for use of Qualcomm chips; it seems to say that Qualcomm wants Apple to source their chips only from Qualcomm and pay the accompanying royalties.

Well, you don't usually go after someone who bought your product for infringement. Those phones containing Qualcomm chips already contain Qualcomm's IP's and are protected by the patent exhaustion doctrine (no double dipping). For others containing non-Qualcomm chips, they are out of luck and have to pay (or get banned -- which is what Qualcomm is doing).

If Intel made chips that enable the same features that Qualcomm has, shouldn't Qualcomm be going after Intel? If Intel produced compatible chips, shouldn't Intel pay Qualcomm royalties? If so, does Qualcomm get to double-dip and extract royalties from everyone who implements the competing chips as well?

Qualcomm can choose to go after whoever they want -- "any party who materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts are ..." (see wiki for "secondary liability") Remember when Apple sued, not Google, but Samsung for features found in Android, made by Google? This is business as usual.

Don't get me wrong, not defending either side here, Apple has done their fair share of deceptive and questionable business practices. Just trying to understand the specifics of this one.
 
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It's a fairly standard industry wide practice to use the end-user device as a royalty basis. Apple has no direct licensing with Qualcomm -- Apple's suppliers pay Qualcomm based on their manufacturing, not retail price. Yes, some aspects of Qualcomm's licensing practices are quite illegal/anti-competitive and KFTC fined them $800+M last years, but IMO Apple's arguments are weak. Their lawyers are essentially throwing the whole kitchen sink to see what sticks -- after all, it's their job to cover all the bases. I'm inclined to believe that Apple is just being opportunistic and trying to squeeze their supplier.


I don't believe this to be true at all. The recent Supreme Court case makes it pretty clear Qualcomm can not do as it has been doing. So from that standpoint Apple has a really good chance of succeeding on this one point alone. Further the USA government is already after Qualcomm for illegal activities so they won't be able to afford the distraction of a massive number of lawsuits. Qualcomm would be better off if their lawyers read the latest ruling on these practices and simply said yes we screwed up and are working to become compliant. The more they fight Apple on this the more likely it is that customers will simply walk away from the company as the become a unacceptable business partner.

Qualcomm's stupidity is like that of a motorist that gets pulled over for going to fast and tries to argue that the law doesn't apply to them. This isn't a case of arguing that one wasn't actually going that fast but rather that hey we know we where going to fast but don't care.

In any event Qualcomm is loosing lawsuits all over the world so it is pretty obvious that they have ethical issues to resolve.
 
Purse Fight!

pink%20purse%20fight1.jpg


Followed by: Too.Many.Lawyers!

shutterstock_215430139.jpg
 
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Does Qualcomm think they'll get the ban? even if the ITC does rule in their favour.

ignoring the case for now. Apple has been in the position where a ruling against them actually warranted a ban. And it was overruled by the President!

if you think trump is going to let Apple products be banned from import into US? It's not going to happen.

The only way Qualcomm is going to get any impact to Apple's ability to sell iPhones is if somehow they can impact iPhones from being manufactured in the first place. Because the US will never uphold any ban on i-Devices.
 
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Qualcomm already peeves me with its CDMA radio licensing/patents. Samsung is forced to use a Snapdragon because of Verizon and Sprint as well. Now, we have them asking for a possible injunction to stop iPhone imports.
 
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I don't believe this to be true at all. The recent Supreme Court case makes it pretty clear Qualcomm can not do as it has been doing. So from that standpoint Apple has a really good chance of succeeding on this one point alone. Further the USA government is already after Qualcomm for illegal activities so they won't be able to afford the distraction of a massive number of lawsuits. Qualcomm would be better off if their lawyers read the latest ruling on these practices and simply said yes we screwed up and are working to become compliant. The more they fight Apple on this the more likely it is that customers will simply walk away from the company as the become a unacceptable business partner.

Qualcomm's stupidity is like that of a motorist that gets pulled over for going to fast and tries to argue that the law doesn't apply to them. This isn't a case of arguing that one wasn't actually going that fast but rather that hey we know we where going to fast but don't care.

In any event Qualcomm is loosing lawsuits all over the world so it is pretty obvious that they have ethical issues to resolve.

I have no idea what you are responding to, but there is no recent SCOTUS decision supporting Apple's claim that Qualcomm's royalty base is inappropriate. Some here in MR often cite lower court decisions favoring apportionment or "smallest saleable unit", -- or against EMVR -- but those often involve frivolous patents or licensing practices that are clearly out of industry norm.

As usual, Apple is being quite opportunistic and hoping to leverage the recent KFTC's decision to squeeze their supplier. But USFTC is no KFTC and Qualcomm is no Samsung. And, perhaps most importantly, Trump is no Obama (or Clinton). There is no daddy who would come to save Apple when their Chinese "assembled" imports are banned in US.

Sure, again there are some aspects of Qualcomm's licensing practices that are quite troubling, but as far as Apple's specific claims are concerned, I just can't see Apple winning hands.
 
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if you think trump is going to let Apple products be banned from import into US? It's not going to happen.

Sure, he won't, but he would abuse the crap out of that opportunity.

Oooooooooh, you can't import your products from TSCHINA anymore? SAD!
Then he would make a deal about local investments and a few US manufacturing jobs for low-volume products.
Getting jobs from China to the US is exactly the right kind of marketing for Trump.
 
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Sure, he won't, but he would abuse the crap out of that opportunity.

Oooooooooh, you can't import your products from TSCHINA anymore? SAD!
Then he would make a deal about local investments and a few US manufacturing jobs for low-volume products.
Getting jobs from China to the US is exactly the right kind of marketing for Trump.
you know, didn't think that way through

but that's a possibility. trump works a deal with Apple "we'll lift the ITC ban if you promise X factories moved to US" or something
 
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Lmfao what a great day it'll be when Apple wins and Qualcomm quits being money hungry.

Now if THAT isn't the pot calling the kettle black! I don't know any company more "money hungry" than Apple.
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I don't believe this to be true at all. The recent Supreme Court case makes it pretty clear Qualcomm can not do as it has been doing. So from that standpoint Apple has a really good chance of succeeding on this one point alone. Further the USA government is already after Qualcomm for illegal activities so they won't be able to afford the distraction of a massive number of lawsuits. Qualcomm would be better off if their lawyers read the latest ruling on these practices and simply said yes we screwed up and are working to become compliant. The more they fight Apple on this the more likely it is that customers will simply walk away from the company as the become a unacceptable business partner.

Qualcomm's stupidity is like that of a motorist that gets pulled over for going to fast and tries to argue that the law doesn't apply to them. This isn't a case of arguing that one wasn't actually going that fast but rather that hey we know we where going to fast but don't care.

In any event Qualcomm is loosing lawsuits all over the world so it is pretty obvious that they have ethical issues to resolve.

They're also already after Apple to investigate tax evasion in Ireland. No innocent parties here.
 
I'll preface my question with "I don't pay much attention to this or have much knowledge about it" but:

Does this seem like Qualcomm is trying to get anything they can before Apple makes the full switch to Intel in the US as carriers migrate fully to LTE and away from CDMA?

Exactly. Qualcomm has done nothing but hokd us back in the dark ages with this proprietary mostly US standard of cdma.
 
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I have no idea what you are responding to, but there is no recent SCOTUS decision supporting Apple's claim that Qualcomm's royalty base is inappropriate. Some here in MR often cite lower court decisions favoring apportionment or "smallest saleable unit", -- or against EMVR -- but those often involve frivolous patents or licensing practices that are clearly out of industry norm.

As usual, Apple is being quite opportunistic and hoping to leverage the recent KFTC's decision to squeeze their supplier. But USFTC is no KFTC and Qualcomm is no Samsung. And, perhaps most importantly, Trump is no Obama (or Clinton). There is no daddy who would come to save Apple when their Chinese "assembled" imports are banned in US.

Sure, again there are some aspects of Qualcomm's licensing practices that are quite troubling, but as far as Apple's specific claims are concerned, I just can't see Apple winning hands.

https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf

Apple is saying Qualcomm gets to pick one user of their tech to charge royalties to not both like they have been doing for years. Don't know if it holds water but it seems very reasonable and given the billions at play it is reasonable to pursue.
 
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