Qualcomm to Pursue iPhone Import Ban in United States in Ongoing Apple Feud

The legal battle between Qualcomm and Apple is heating up, with Qualcomm planning to seek an import ban that would prevent iPhones from being able to enter the United States, reports Bloomberg. Qualcomm is reportedly "incensed" over Apple's decision to stop paying licensing fees during the dispute and is aiming to retaliate.

Qualcomm is preparing to ask the International Trade Commission to stop the iPhone, which is built in Asia, from entering the country, threatening to block Apple's iconic product from the American market in advance of its anticipated new model this fall, according to the person, who asked not to be identified because the discussions are private.

Qualcomm and Apple have been facing off in an ongoing legal dispute since January that started when the FTC complained that Qualcomm had engaged in anticompetitive patent licensing practices. Shortly after the FTC complaint, Apple sued Qualcomm, accusing the company of charging unfair royalties for "technologies they have nothing to do with" and refusing to pay quarterly rebates.

qualcomm logo
In April, Qualcomm countersued, accusing Apple of breaching licensing agreements, making false statements, and encouraging regulatory attacks against Qualcomm's business in multiple countries. Qualcomm claims Apple "could not have built the incredible iPhone franchise" without relying on Qualcomm's "fundamental cellular technologies."

The lawsuit heated up in late April when Apple stopped making royalty payments to Qualcomm and confirmed it would not continue payments until a court figured out the total amount that was owed. Apple CEO Tim Cook yesterday reiterated that Apple could not pay the fees without the court deciding what amount should be paid due to Qualcomm's refusal to license its patents under FRAND (Fair, Reasonable, and Non-Discriminatory) terms.

In terms of why we're withholding payments, you can't pay something when there's a dispute about how much is needed to be paid. There hasn't been a meeting of the minds there. At this point, we need the courts to decide that. [...]

The reason we are pursuing this is that Qualcomm is trying to charge Apple a percentage of the total of the iPhone value, but their modems/patented technologies are one small part of the iPhone. We don't think that's right, so we're taking a principle stand on it. We strongly believe we're in the right, as they probably think they are.

The United States International Trade Commission could potentially put a stop to iPhone shipments to the United States should the ITC side with Qualcomm. ITC cases are processed more quickly than cases in the federal courts, where this lawsuit will likely be drawn out for years to come.

Popular Stories

2007 iPhone

Apple Discontinuing This 18-Year-Old iPhone Feature

Saturday February 8, 2025 3:51 pm PST by
The end of an 18-year era is on the horizon for the iPhone. Apple reportedly plans to announce a new iPhone SE as soon as next week, and the device is expected to feature a full-screen design with Face ID, instead of a Touch ID home button. That means Apple will no longer sell any new iPhone models with a home button, for the first time since the original iPhone launched. The home button...
oppo find n5 fingers

World's Thinnest Foldable Phone Launches Next Week

Monday February 10, 2025 3:05 am PST by
Oppo has confirmed a February 20 global launch for its Find N5, which the company claims is the world's thinnest device in the foldable phone category. The phone is expected to be re-branded as the OnePlus Open 2 in the US. The Chinese vendor has been teasing the device in the last few weeks, touting its waterproofing and nearly invisible display crease, and highlighting its thinness by compa...
m2 macbook air blue

M4 MacBook Air Release Continues to Appear Imminent

Monday February 10, 2025 10:56 am PST by
There continue to be signs of a new MacBook Air with an M4 chip, indicating that we could see the machine launch in the not too distant future. A private account on X today shared the identifiers that the MacBook Air will use, and those identifiers correspond to the M4 chip. According to the source, both the 13-inch MacBook Air and the 15-inch MacBook Air will be equipped with Apple's...
sequoia

Apple Releases macOS Sequoia 15.3.1

Monday February 10, 2025 10:11 am PST by
Apple today released macOS Sequoia 15.3.1, a minor update to the macOS Sequoia operating system that came out last September. macOS 15.3.1 comes a few weeks after the launch of macOS Sequoia 15.3. Mac users can download the ‌‌‌macOS Sequoia‌‌‌ update through the Software Update section of System Settings. Apple has also released macOS 13.7.4 and macOS 14.7.4 for those who are...
watchOS 11 Thumb 2 1

Apple Releases watchOS 11.3.1

Monday February 10, 2025 10:04 am PST by
Apple today released watchOS 11.3.1, a minor update to the operating system that runs on the Apple Watch. watchOS 11.3.1 is compatible with the Apple Watch Series 6 and later, all Apple Watch Ultra models, and the Apple Watch SE 2. watchOS 11.3.1 can be downloaded by opening up the Apple Watch app and going to General > Software Update. To install the new software, the Apple Watch needs to...
apple silicon mac lineup 2024 feature purple

Apple Increases Mac Trade-In Values for a Limited Time

Sunday February 9, 2025 3:53 pm PST by
Apple today increased its estimated trade-in values for select Mac models in the United States, with the full changes outlined below. Apple says the extra trade-in credit for select Macs is available with the purchase of an eligible new Apple device through April 2. The trade-in values increased by between $10 and $50. Model New Value Old Value MacBook Pro Up to $925 ...
Powerbeats Pro 2 Orange

Powerbeats Pro 2 Given to Customer Early, Expected to Debut Tomorrow

Monday February 10, 2025 7:42 am PST by
Apple's long-awaited Powerbeats Pro 2 are finally expected to be announced this Tuesday. Ahead of time, one lucky Walmart customer was able to get their hands on the earbuds early, according to a since-deleted Reddit post over the weekend. A leaked image of the Powerbeats Pro 2 in Electric Orange "My local Walmart had them in the cage," the Reddit user explained. "I asked if I can buy them...
iOS 18

Apple Releases iOS 18.3.1 With Bug Fixes

Monday February 10, 2025 10:09 am PST by
Apple today released iOS 18.3.1 and iPadOS 18.3.1, minor updates for the iOS 18 and iPadOS 18 operating systems that came out last September. iOS 18.3.1 comes two weeks after Apple released iOS 18.3. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iPadOS 17.7.5 for those still running...

Top Rated Comments

Andres Cantu Avatar
102 months ago
Good luck with getting the iPhone banned in the U.S.
Score: 27 Votes (Like | Disagree)
newyorksole Avatar
102 months ago
Lolol I'm no expert in this matter, but there's no wayyyy any company is gonna stop Apple from importing iPhones.

Apple has way too many legal resources for that to even get close to happening.
Score: 13 Votes (Like | Disagree)
kdarling Avatar
102 months ago
The last time Apple tried to get out of paying for a FRAND patent because they claimed the price was too high, the ITC banned their devices from import:

ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices - MacRumors 2013 ('https://www.macrumors.com/2013/06/04/itc-rules-apple-infringed-on-samsung-patents-issues-cease-and-desist-order-for-older-apple-devices/')

And that was with Samsung reportedly asking for "a licensing fee of 2.4% per device sold, which Apple found to be unreasonable." The ITC ruled 1) that royalties based on price were standard with cellular patents, and that 2) it was just an initial offer, which Apple was expected to negotiate down.

Fortunately for Apple, the Obama administration stepped in and vetoed the import ban, saying that a ban could not used for a FRAND situation... unless the licensee continued to avoid actual negotiating.

Not so sure Trump would do the same, if the ITC rules in a similar manner.

Score: 11 Votes (Like | Disagree)
nuckinfutz Avatar
102 months ago
Good Deity this is getting out of hand.
Score: 8 Votes (Like | Disagree)
konqerror Avatar
102 months ago
Good luck with getting the iPhone banned in the U.S.
It did happen. Broadcom got all of Qualcomm's chips banned for import by the ITC during their patent dispute. This meant no phones at all for Verizon and Sprint.

Carriers had to pay license fees directly to Broadcom to get around it. Major factor in Qualcomm's eventual settlement.
http://www.mercurynews.com/2007/08/06/u-s-upholds-import-ban-on-qualcomm-chips/

Because Apple doesn't participate in wireless standards, they have no IP to fight back, so I'd venture to guess that they're in a much weaker position than Qualcomm.
Score: 8 Votes (Like | Disagree)
macfacts Avatar
102 months ago
... If Apple charge $1 for an iPhone, Qualcomm gets, maybe $0.01? If they charge $1,000 why should Qualcomm get $10? ...
Can't have it both ways. When Apple sued Samsung for rounded corners, Apple got a percentage of the entire cost of Samsung's phones sold. Apple didnt just ask for the cost of the plastic phone shell.
[doublepost=1493859841][/doublepost]
no one said it was.
This news story is saying Apple has stopped payments. That sounds like free to me.
Score: 6 Votes (Like | Disagree)