Qualcomm's U.S. ITC Complaint Falling Apart as Apple Implements Workaround in iOS 12.1

Back in 2017, Qualcomm filed a complaint with the United States International Trade Commission (ITC) accusing Apple's iPhones of infringing on six Qualcomm patents.

Qualcomm was hoping to ban imports of select iPhone and iPad models using Intel modems, but as it turns out, the company's efforts have been a poor use of time and money.

qualcomm iphone 7
As outlined by FOSS Patents, in a recent filing with the ITC Apple said that it has implemented an iOS 12.1 workaround to one key patent in the complaint, U.S. Patent No. 9,535,490, which covers "power saving techniques in computing devices."

Apple said that it introduced changes in iOS 12.1 to make sure that it does not violate the '490 patent, though the company claims the original design wasn't in violation to begin with.

Qualcomm's own Chief Technology Officer has said that there are alternate design options to skirt the '490 patent, which Apple submits as evidence that the '490 patent should not be valid in the ITC complaint.

Qualcomm's presentation at the hearing crystallized its theories regarding the scope and coverage of claim 31 of the '490 patent. Against that backdrop, Apple recently changed its software (i.e., iOS) to remove the functionality that Qualcomm has accused of infringing claim 31, by implementing a design change that Qualcomm's own witnesses conceded would fall outside the scope of the patent. [...]

This fall, after the close of the hearing record, Apple implemented a new software-based design for its Accused '490 Products that removed the accused UL/DL synchronization feature that Qualcomm emphasized could be 'simply remove[d]' to avoid infringement of the '490 patent. To be clear, the pre-change versions also do not infringe the '490 patent, and thus there is no legal need to 'design around' it. But to moot any possible allegation of infringement from Qualcomm, Apple changed its products to do precisely what Qualcomm's own witnesses testified would not infringe the '490 patent."

According to FOSS Patents' Florian Mueller, given Qualcomm's prior comments about the ease of implementing a suitable workaround, Qualcomm won't be able to credibly dispute Apple's plan.

Qualcomm's original ITC complaint against Apple mentioned "six inventions" iPhones use that infringed on Qualcomm patents, but as FOSS Patents outlines in the handy infographic below, many are no longer valid.

qualcommfosspatents
Qualcomm has dropped three of the six patents, the Administrative Law Judge (ALJ) in the case said that Apple did not infringe on another two, and as for the last, it's the one that Apple added a workaround for in iOS 12.1.

Given the weakness of Qualcomm's complaint, the company is not likely to win its case, and even if it does, it won't cover Apple's iPhones that have the iOS 12.1 software update.

Apple and Qualcomm will go to trial over the original dispute in April, with Qualcomm having been unable to establish leverage over Apple thus far with its U.S. ITC complaints. Apple and Qualcomm will be fighting over royalty payments and anticompetitive patent licensing practices.

Popular Stories

AirPods Pro 3 Heart Rate Tracking Feature

AirPods Pro 3 Expected to Launch This Year With Key New Feature

Sunday August 24, 2025 7:16 am PDT by
Bloomberg's Mark Gurman expects Apple to release new AirPods Pro this year, and he said the earbuds will have a key new feature: heart rate monitoring. From his Power On newsletter today, with emphasis added:As for Apple's other devices, there's a lot in the fall pipeline — though many of the new products are only incremental upgrades. There will be Apple Watch updates, faster Vision...
iPhone 17 Pro on Desk Centered 1

iPhone 17 Pro Coming Soon With These 12 New Features

Sunday August 24, 2025 6:00 am PDT by
Apple's iPhone 17 Pro and iPhone 17 Pro Max should be unveiled in a few more weeks, and there are plenty of rumors about the devices. In his Power On newsletter today, Bloomberg's Mark Gurman corroborated a rumor that iPhone 17 Pro models will be "available in an orange color." Below, we recap key changes rumored for the iPhone 17 Pro models: Aluminum frame: iPhone 17 Pro models are...
Alleged iPhone 17 Pro Antenna Design

Two All-New iPhone 17 Colors Seemingly Confirmed

Monday August 25, 2025 4:22 am PDT by
Apple will offer the upcoming iPhone 17 Pro and iPhone 17 Pro Max in a new orange color, according to Bloomberg's Mark Gurman. Gurman made the claim in the latest edition of his Power On newsletter, adding that the new iPhone 17 Air – replacing the iPhone 16 Plus – will come in a new light blue color. We've heard multiple rumors about a new iPhone 17 Pro color being a shade of orange. The ...
iPhone 17 Air Thumb 2 Blue Electric Boogaloo

Apple Has Reportedly Considered Releasing iPhone 17 Air Bumper Case

Sunday August 24, 2025 12:40 pm PDT by
Apple has "considered" releasing a bumper case for the upcoming iPhone 17 Air, according to Bloomberg's Mark Gurman. Similar to the bumper case that Apple introduced for the iPhone 4 in 2010, Gurman said the iPhone 17 Air version of the case would cover the edges of the device, but not the back of it. Those bumper cases were made of rubber. Given that the iPhone 17 Air is expected to have ...
awe dropping event

Apple Event Announced for September 9: 'Awe Dropping'

Tuesday August 26, 2025 9:01 am PDT by
Apple will hold its annual iPhone-centric event on Tuesday, September 9 at the Apple Park campus in Cupertino, California, according to an announcement that went out today. The event will start at 10:00 a.m., with select members of the media invited to attend. At the September 2025 iPhone event, Apple will unveil the iPhone 17 lineup, which includes an all-new ultra-thin iPhone 17 Air. It...
Apple Watch Ultra 2 Complications

Apple Watch Ultra 3 Just Weeks Away: Eight Reasons to Upgrade

Wednesday August 20, 2025 6:44 am PDT by
We're only weeks away from Apple's annual iPhone event – rumored to take place on September 9 – and along with the new iPhone 17 series, we're going to get a new version of the Apple Watch Ultra for the first time since 2023. By the time the Ultra 3 is unveiled, it will have been two years since the previous model arrived. The intervening period has left plenty of room for enhancements,...
Awe Dropping Apple Event Feature

Five Things to Expect From Apple's 'Awe Dropping' September 9 Event

Tuesday August 26, 2025 4:17 pm PDT by
Apple today announced its "Awe Dropping" iPhone-centric event, which is set to take place on Tuesday, September 9 at 10:00 a.m. Pacific Time. There are a long list of products that are coming, but we thought we'd pull out five feature highlights to look forward to. That Super Thin iPhone - Apple's September 9 event will see the unveiling of the first redesigned iPhone we've had in years, ...
airpods pro 2 gradient

AirPods Pro 3: Four Key Design Changes Anticipated

Tuesday August 26, 2025 4:05 am PDT by
Apple hasn't updated the AirPods Pro since 2022 other than a shift from Lightning to USB-C, and the earbuds are due for a refresh. According to Bloomberg's Mark Gurman, Apple will launch AirPods Pro 3 later this year, and apart from new features like heart rate monitoring, we're also expecting a few design changes. The fourth‑generation AirPods offer useful clues to Apple's design cues for ...

Top Rated Comments

Cosmosent Avatar
85 months ago
Anybody who has ever worked on OR reviewed Patent Apps knows full-well that ALOT of patent apps get approved that should NOT.

And for those that do, ~50% are fairly-easily worked around.
Score: 15 Votes (Like | Disagree)
idmean Avatar
85 months ago
So it's fine to infringe on patents, sell the devices and software, and then quickly do a workaround when caught?
Apple said that it introduced changes in iOS 12.1 to make sure that it does not violate the '490 patent, though the company claims the original design wasn't in violation to begin with.
Score: 13 Votes (Like | Disagree)
JPack Avatar
85 months ago
So it's fine to infringe on patents, sell the devices and software, and then quickly do a workaround when caught?
Score: 12 Votes (Like | Disagree)
Sasparilla Avatar
85 months ago
Just saw another article detailing how Google is adding to its chipmaking expertise with new hiring. Because of its lack of vision (smartphone CPU's - sitting on its only CPU for 3 years) and how unpleasant a company it is to deal with - Qualcomm will be lucky to exist in the smartphone CPU market in 5 years (Samsung and Huawei already make their own CPU's, throw out a Google smartphone CPU for the general market and it'll be game over for Qualcomm).
Score: 9 Votes (Like | Disagree)
Carnegie Avatar
85 months ago
So it's fine to infringe on patents, sell the devices and software, and then quickly do a workaround when caught?
Apple was only found (by an administrative law judge) to have infringed one out of the six patents originally asserted. And the ITC decided to review that infringement finding, so it may not have stood anyway.

That said, not all infringement is knowing or intentional. Even if Apple was actually infringing one of the patents, it might not have realized that it was doing so. It might not have been aware of the possibility or it might have reasonably believed it didn't infringe. Given that it was able to work around the patent it allegedly infringed, there's a good chance it previously didn't think it was infringing.

Anyway, here's one of the problems with what Qualcomm did in the past. (I don't know whether it's relevant with regard to the patents at issue here, but it could be.) One of the things Qualcomm used to do (as alleged by parties other than Apple and as found by regulatory bodies) is refuse to tell licensees which patents they were licensing. It wouldn't tell them what they were paying for. So a company like Apple might not be aware that something it was doing would, if it effectively stopped making royalty payments, be infringing Qualcomm patents.
Score: 9 Votes (Like | Disagree)
FloatingBones Avatar
85 months ago

This was invalidated.
My point was valid. The "method of moving on a swing ('https://patents.google.com/patent/US6368227B1/en')" should never have been approved in the first place -- as it was done in April of 2002. Claims were only invalidated after the media had a field day with this. Someone was asleep at the wheel -- or maybe snoozing on a swing.

The US patent system is patently broken.
Score: 8 Votes (Like | Disagree)