Qualcomm Seeks iPhone and iPad Import Ban in the United States

The legal battle between Qualcomm and Apple continues to escalate, with Qualcomm asking the United States International Trade Commission (ITC) to block imports of select iPhone and iPad models, reports Fortune. Qualcomm also wants to stop sales of devices that are already in the United States and has filed a new patent infringement case against Apple in the Southern District of California.

According to Qualcomm, Apple is infringing on six Qualcomm patents related to carrier aggregation and technologies that are designed to allow iPhones to save battery life while communicating. The six patents cited by Qualcomm were granted between 2013 and 2017 and are not licensed or standard-essential patents that are part of the ongoing Qualcomm v. Apple battle over royalty payments.

qualcomm iphone 7
Qualcomm is asking the ITC to block all iPhones that are equipped with LTE chips from competing mobile communications companies, which would include AT&T and T-Mobile iPhone 7 and iPhone 7 Plus models equipped with Intel chips, along with some iPad models. In an interview, Qualcomm lawyer Don Rosenberg said Qualcomm is pursuing another lawsuit and an import ban because Apple is not willing to pay for the technology it uses.

"If Apple was a willing licensee and Apple was someone who was, like everybody else, willing to pay for what they use, we wouldn't be suing them on these patents," Don Rosenberg, Qualcomm's general counsel, said in an interview. "But they're not, and we felt we were put in a position, given all the lawsuits they've brought against us around the world, of not simply having to defend ourselves but having to take some affirmative action ourselves."

As noted in Qualcomm's ITC request, a possible ban on the iPhone 7, iPhone 7 Plus, and future iPhones wouldn't happen for approximately 18 months, so it would not affect the devices Apple plans to release in September of 2017. Qualcomm expects the ITC to look into the complaint in August and schedule a trial for 2018, and it believes the new patent infringement case filed today could be put on hold until the ITC makes a decision on the import ban.

The dispute between Apple and Qualcomm kicked off in January, when the FTC complained that Qualcomm had engaged in anticompetitive patent licensing practices. Apple sued Qualcomm for $1 billion shortly after, accusing the company of charging unfair royalties for "technologies they have nothing to do with" and refusing to pay quarterly rebates.

Qualcomm countersued in April, accusing Apple of breaching licensing agreements, making false statements, and encouraging regulatory attacks against Qualcomm, which prompted Apple to stop making royalty payments to Qualcomm entirely until a court can determine the proper amount due.

Since then, the two companies have been fighting a bitter public battle. Apple in late June expanded its lawsuit against Qualcomm and accused the wireless chipmaker of "double-dipping" with unfair patent licensing agreements. According to Apple, Qualcomm has overcharged it by billions of dollars, while Qualcomm says its innovations are "at the heart of every iPhone."

Alongside its dispute with Apple, Qualcomm is also now facing an FTC lawsuit for using anticompetitive tactics to remain the dominant supplier of baseband processors for smartphones.

Top Rated Comments

truthertech Avatar
68 months ago
I don't believe that's what this is truly about. It seems it's more of Qualcomm saying that they should get more from Apple because they enable the iPhone to do X amount of things by extension of their products being in them.
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.
Score: 32 Votes (Like | Disagree)
Strelok Avatar
68 months ago
Won’t happen.
Score: 28 Votes (Like | Disagree)
WestonHarvey1 Avatar
68 months ago
Apple should just pay up or develop their own technology.
Patents are often broad enough that you cannot legally develop your own technology.
Score: 20 Votes (Like | Disagree)
IJ Reilly Avatar
68 months ago
In other news, snowfall was reported in Hell.
Score: 16 Votes (Like | Disagree)
AppleFan91 Avatar
68 months ago
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?
Score: 16 Votes (Like | Disagree)
Kaibelf Avatar
68 months ago
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.
Score: 15 Votes (Like | Disagree)

Popular Stories

iOS 16

Apple Releases iOS 16.0.2 With Bug Fixes for iPhone 14 Pro Camera Vibration, Copy/Paste Issue and More

Thursday September 22, 2022 1:04 pm PDT by
Apple today released iOS 16.0.2, addressing a number of bugs that iPhone 14 owners have been experiencing since the new devices launched. iOS 16.0.2 comes two weeks after the launch of iOS 16, and it follows iOS 16.0.1, an update made available to iPhone 14 owners on launch day. The update is available for all iPhones that are capable of running iOS 16. The iOS 16.0.2 update can be...
maxresdefault

Video Review: Four Days With the iPhone 14 Pro Max

Wednesday September 21, 2022 7:49 am PDT by
Apple on Friday released the new iPhone 14 models, and MacRumors videographer Dan picked one up on launch day. He's been using the iPhone 14 Pro Max non-stop since it came out, and over on the MacRumors YouTube channel, has shared his initial thoughts on the day-to-day experience with the latest iPhone. Subscribe to the MacRumors YouTube channel for more videos. Dan's mini review highlights...
iPad Pro Big Ol Logo

Five Features Rumored for the New iPad Pro Expected Next Month

Wednesday September 21, 2022 1:36 am PDT by
Rumors suggest Apple will announce new 11-inch and 12.9-inch iPad Pro models as soon as next month. The new iPads will be the first update to the iPad Pro series since April 2021 and will be an overall incremental upgrade that brings new capabilities and functionality to the highest-end iPad. According to reports, Apple is planning an event for October to announce the new iPad Pro models, a...
ios 16 lock screen feature

Some iOS 16 Users Complain About Slow Spotlight Search and Battery Drain

Wednesday September 21, 2022 4:25 am PDT by
It's been nine days since Apple released iOS 16 to the public, bringing major changes to the Lock Screen, Messages, Maps, and more. In the days following the release, some users have encountered several issues on their iPhones, ranging from slow system performance to battery drain. In the past few days, iPhone 14 Pro users have shared specific bugs related to Apple's latest high-end iPhones, ...
Dynamic Island For Android Users Feature

Android App Copying iPhone 14 Pro's Dynamic Island Released on Play Store

Thursday September 22, 2022 7:57 am PDT by
A copycat version of the iPhone 14 Pro's Dynamic Island has arrived on Android's Google Play Store in the form of an app called "dynamicSpot." The app, still in beta, offers customers several different experiences at the top of their smartphones. In its current form, dynamicSpot offers playback control for songs, timers, battery status, and more features coming soon, according to the app's...
facebook meta

Meta Sued Over Tracking iPhone Users Despite Apple's Privacy Features

Thursday September 22, 2022 5:12 am PDT by
Meta is facing a new proposed class action lawsuit that accuses it of tracking and collecting the personal data of iPhone users, despite features and policies made by Apple which are meant to stop that same type of tracking. In August, it was revealed that with the Facebook and Instagram apps, Meta can track all of a user's key taps, keyboard inputs, and more, when using the in-app browser....
apple watch ultra reddit 1

Lucky Customer Gets New Apple Watch Ultra Two Days Early

Wednesday September 21, 2022 2:03 pm PDT by
With millions of devices shipping out to customers with every Apple launch, there's occasionally someone who gets lucky and gets a new product ahead of schedule. This time around, Redditor playalisticadillac received an Apple Watch Ultra from AT&T two days before the official debut, sharing some images on the social media site. The images include an unboxing and comparisons to the...
new airpods pro ear tips

Apple Explains Why Second-Generation AirPods Pro Ear Tips Are Incompatible With Original AirPods Pro

Thursday September 22, 2022 3:12 pm PDT by
Apple today explained why the new silicone ear tips for the second-generation AirPods Pro are not officially compatible with the original AirPods Pro. In an updated support document, Apple said the original AirPods Pro ear tips have "noticeably denser mesh" than the second-generation ear tips. Apple did not provide any additional details, but the mesh density could result in acoustical...