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?
Won’t happen.
Patents are often broad enough that you cannot legally develop your own technology.
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.
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.
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?
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.
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.
if you think trump is going to let Apple products be banned from import into US? It's not going to happen.
you know, didn't think that way throughSure, 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.
Lmfao what a great day it'll be when Apple wins and Qualcomm quits being money hungry.
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'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?
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.