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
81 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
81 months ago
Won’t happen.
Score: 28 Votes (Like | Disagree)
WestonHarvey1 Avatar
81 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
81 months ago
In other news, snowfall was reported in Hell.
Score: 16 Votes (Like | Disagree)
AppleFan91 Avatar
81 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
81 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

Multi Display CarPlay 1

All-New Apple CarPlay Launching Later This Year With These 5 New Features

Friday September 29, 2023 11:29 am PDT by
At WWDC 2022 last year, Apple previewed the next generation of CarPlay, promising deeper integration with vehicle functions like A/C and FM radio, support for multiple displays across the dashboard, personalization options, and more. Apple said the first vehicles with support for the next-generation CarPlay experience would be announced in late 2023, but it has still not shared any additional...
iPhone 15 Pro lineup

Apple to Address iPhone 15 Pro Overheating Issue With iOS 17 Update

Saturday September 30, 2023 9:28 am PDT by
Apple plans to release an iOS 17 update to address a bug that may contribute to the reported iPhone 15 Pro and iPhone 15 Pro Max overheating issue, according to a statement the company shared today with MacRumors and Forbes reporter David Phelan. Apple also says some recent updates to third-party apps have overloaded the system and contributed to the overheating issue. The report notes that...
iphone se 4 modified flag edges

iPhone SE 4 Details: Action Button, USB-C Port, Face ID, and More

Wednesday September 27, 2023 1:34 pm PDT by
Significant changes are expected to arrive with Apple's fourth-generation iPhone SE, in terms of both design and hardware, MacRumors has learned. The iPhone SE 4, known internally under the codename Ghost, is expected to receive a new design derived almost entirely from the base model iPhone 14. According to our sources, the iPhone SE 4 will use a modified version of the iPhone 14 chassis...
BMW Logo iPhone 15 Pro

Warning: BMW Wireless Charging May Break iPhone 15's Apple Pay Chip

Sunday October 1, 2023 6:14 am PDT by
If you have an iPhone 15 and drive a BMW, it might be best to avoid charging the device with the vehicle's wireless charging pad for now. Over the past week, some BMW owners have complained that their iPhone 15's NFC chip no longer works after charging the device with their vehicle's wireless charging pad, according to comments shared on the MacRumors Forums and X, formerly known as Twitter. ...
iPhone 16 Side Feature

iPhone 16 and 16 Pro: Preliminary Weights and Dimensions

Friday September 29, 2023 12:34 pm PDT by
MacRumors has obtained preliminary information on the weights and dimensions planned for the iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max. The information corroborates previous reports suggesting that the iPhone 16 Pro and 16 Pro Max will feature larger displays. iPhone 16 and 16 Plus Current information suggests that the iPhone 16 and 16 Plus will maintain the same...
CarPlay SharePlay

CarPlay Not Working for Some iPhone 15 Users, Possibly Because of USB-C Cables

Friday September 29, 2023 2:27 pm PDT by
CarPlay is not working as expected for some iPhone 15 users, an issue that is likely linked to the transition to USB-C. There are multiple complaints from MacRumors readers and Reddit users who are unable to get CarPlay to work with their new devices. Cable type and available port options are a common theme in the CarPlay reports, with many of the functionality problems linked to USB-A to...
iPhone 15 USB C Port Keynote

Some USB-C Power Banks Fail to Work With iPhone 15

Thursday September 28, 2023 2:06 pm PDT by
Apple added a USB-C port to the iPhone 15 lineup this year, allowing it to work with USB-C cables, USB-C power banks, and more. It turns out that some USB-C battery packs are not working properly with Apple's iPhone 15, resulting in charging issues. As highlighted on Reddit and the MacRumors forums, not all existing USB-C power banks can be used with the iPhone 15 models, perhaps due to the...