lawsuit


'lawsuit' Articles

Apple Sued Over Meltdown and Spectre in U.S. as iPhone Slowdown Lawsuits Now Total 45

Apple faces its first legal action over Meltdown and Spectre in the United States, even though the vulnerabilities were found to affect nearly all computers and other devices, according to court documents reviewed by MacRumors. Meltdown and Spectre are serious hardware-based vulnerabilities that take advantage of the speculative execution mechanism of a CPU, allowing hackers to gain access to sensitive information. All modern Intel, ARM, and AMD processors are affected, with many patches and mitigations already released. Anthony Bartling and Jacqueline Olson filed a class action complaint against Apple last week in a U.S. district court in San Jose on behalf of anyone who purchased a device with an ARM-based processor designed by Apple, ranging from the A4 to A11 Bionic chips used in iPhone, iPad, iPod touch, and Apple TV models. The complaint alleges that Apple has known about the design defects giving rise to the Meltdown and Spectre vulnerabilities since at least June 2017, and could have disclosed details to the public more promptly. An excerpt from the complaint:ARM Holdings PLC, the company that licenses the ARM architecture to Apple, admits that it was notified of the Security Vulnerabilities in June 2017 by Google's Project Zero and that it immediately notified its architecture licensees (presumably, including Apple) who create their own processor designs of the Security Vulnerabilities.The complaint added that it is unlikely Apple would be able to fully and adequately release fixes for Meltdown and Spectre without the performance of its processors

Apple Now Faces 26+ Lawsuits for 'Purposefully' or 'Secretly' Slowing Down Older iPhones

Apple now faces over two dozen lawsuits around the world that either accuse the company of intentionally slowing down older iPhones, or at least of failing to disclose power management changes it made starting in iOS 10.2.1. The lawsuits include 24 class action complaints in the United States, with the latest two filed on Thursday by Marc Honigman and Lauri Sullivan-Stefanou in New York and Ohio respectively, according to electronic court records reviewed by MacRumors. Apple is also being sued in Israel and France. An excerpt from Sullivan-Stefanou's complaint:Unbeknownst to iPhone 6, iPhone 6 Plus, and iPhone 6s owners, Apple inserted code into iOS 10.2.1 that deliberately slowed down the processing performance of these phones by linking each phone's processing performance with its battery health. Absent the code inserted by Apple, the reduced battery capacity of these phones would not have negatively affected processing performance.Many of the lawsuits demand Apple compensate all iPhone users who have experienced slowdowns, offer free battery replacements, refund customers who purchased brand new iPhones to regain maximum performance, and add info to iOS explaining how replacing an iPhone's battery can prevent slowdowns. The legal action comes after Apple's revelation it may at times dynamically manage the maximum performance of some older iPhone models with chemically aged batteries in order to prevent the devices from unexpectedly shutting down, an issue that can be made worse by cold temperatures or a low charge. Apple never mentioned the power

Apple Being Sued for 'Purposefully Slowing Down Older iPhone Models' [Updated]

Apple yesterday confirmed that it has implemented power management features in older iPhones to improve performance and prevent unexpected shutdowns as the battery in the devices starts to degrade, and this admission has now led to a class action lawsuit, which was first noticed by TMZ. Los Angeles residents Stefan Bogdanovich and Dakota Speas, represented by Wilshire Law Firm, this morning filed a lawsuit with the U.S. District Court for the Central District of California accusing Apple of slowing down their older iPhone models when new models come out. Defendant breached the implied contracts it made with Plaintiffs and Class Members by purposefully slowing down older iPhone models when new models come out and by failing to properly disclose that at the time of that the parties entered into an agreement.According to the lawsuit, Bogdanovich and Speas have owned the iPhone 7 and several older iPhone models and have noticed that their "older iPhone models slows (sic) down when new models come out." The two say they did not consent to have Apple slow down their devices, nor were they able to "choose whether they preferred to have their iPhones slower than normal." They're seeking both California and Nationwide class action certification, which would cover all persons residing in the United States who have owned iPhone models older than the iPhone 8. Apple yesterday addressed speculation that it throttles the performance of older iPhones with degraded batteries, confirming that there are power management features in place to attempt to prolong the life of the

Apple Sued for App Store Logo's Resemblance to Chinese Clothing Brand Logo

When Apple released the updated App Store as part of iOS 11, the App Store logo got an overhaul. Instead of an "A" made from a pencil, a paintbrush, and a ruler, Apple designed a simpler "A" that looks like it's constructed from popsicle sticks. As it turns out, Apple's App Store logo bears a resemblance to the logo used by a Chinese clothing brand named KON, and now KON is suing Apple. According to Phone Radar (via The Verge), KON believes Apple's new logo is a violation of Chinese copyright law. KON is a brand that's been around since 2009, and as The Verge discovered, Baidu Baike, the Chinese equivalent of Wikipedia, says the KON brand was inspired by music like the Sex Pistols, with the logo meant to represent three skeleton bones symbolizing power over death. KON wants Apple to publicly apologize for using its logo, stop selling devices using the current App Store logo, and pay compensation for economic loss. The Beijing People's Court has accepted the case and should make a ruling over the course of the next couple of weeks. Apple in 2016 lost a similar case involving the "IPHONE" trademark that was in use by Chinese leather goods manufacturer Xintong Tiandi Technology. In that case, Apple was aiming to protect its iPhone trademark to prevent Xintong Tiandi from using the iPhone name for its cases, but the Chinese courts ruled against

Qualcomm Seeks Import Ban on AT&T and T-Mobile iPhone 8 and iPhone X Models

Qualcomm today announced that it has filed three new patent infringement claims against Apple, accusing the Cupertino company of violating a total of 16 Qualcomm patents with its most recent iPhones, including the iPhone X. Most of the patents in question cover technologies like carrier aggregation, memory designs, and power management features that are designed help to reduce battery usage, but in one claim, Qualcomm says Apple is using a depth-based image enhancement technique for Portrait mode that violates a Qualcomm patent. Qualcomm is also filing a new complaint with the United States International Trade Commission (ITC) concerning five of the patents, and it is asking the ITC to ban imports of iPhone 8, iPhone 8 Plus, and iPhone X models that use chips from Intel, aka AT&T and T-Mobile devices in the United States. The complaint with the ITC follows a previous filing in July that saw Qualcomm ask for an import ban on iPhone 7 and iPhone 7 Plus models equipped with Intel modem chips, along with some iPad models. Qualcomm has not asked for a ban on iPhones that use Qualcomm LTE chips, with the reasoning that a more limited exclusion order is more likely to be granted. In the lawsuit, Qualcomm once again says its inventions form the "very core" of "modern mobile communication," and that without Qualcomm technology, Apple products "would lose much of their consumer appeal." Qualcomm is seeking damages in an amount to be proven at trial, a permanent injunction against Apple, and attorneys fees. Qualcomm's latest filing follows a countersuit from Apple

Apple Countersues Qualcomm for Patent Infringement Related to Snapdragon Chips

In the ongoing legal feud between Apple and LTE chipmaker Qualcomm, Reuters reports today that Apple has made the latest move by filing a countersuit against Qualcomm and claiming that the supplier's Snapdragon chips -- used in many Android devices -- infringe on the Cupertino company's patents. The countersuit is Apple's retaliation against Qualcomm after the latter company sought iPhone and iPad import bans in the United States over the summer. At the time, Qualcomm alleged that Apple infringed on six Qualcomm patents related to carrier aggregation and technologies that were designed to allow iPhones to save battery life while communicating. Apple denied any of these claims and said that Qualcomm's patents were "invalid." Apple's new countersuit further revises its answer to Qualcomm's complaint from July by adding on the accusation of patent infringement surrounding the Snapdragon chips. The filing alleges that Apple owns "at least" eight battery life patents Qualcomm has violated, related to making sure that each part of the phone's processor draws only minimum power needed to function, powering down parts of the processor when not needed, and ensuring that sleep and wake functions work better for the user. Apple specifically says that Qualcomm's Snapdragon 800 and 820 processors -- included in Samsung and Google smartphones -- infringe on these patents, but Apple has only named Qualcomm in its counter lawsuit. The specific monetary damages Apple is looking for were not disclosed. Apple Inc on Thursday filed a countersuit against Qualcomm Inc, alleging that

Qualcomm Accuses Apple of Helping Intel Using Qualcomm Software

Qualcomm on Wednesday filed yet another lawsuit against Apple, this time accusing the company of breaching software licensing terms and using Qualcomm code to help Intel, reports Bloomberg. According to Qualcomm, Apple breached a contract that dictates the use of software that's designed to make Qualcomm chips work with other iPhone components. Qualcomm also believes Apple may have used its access to that software to help Intel with its own modem chip development. Since 2016, Apple has been using LTE chips from both Intel and Qualcomm in an effort to diversify its supply chain and move some production away from Qualcomm. The iPhone 7, 7 Plus, 8, and 8 Plus all use a mix of Qualcomm and Intel chips. In light of the ongoing legal battle with Qualcomm, Apple is said to be considering eliminating Qualcomm chips from its devices all together, instead adopting chips from Intel and possibly MediaTek. Rumors suggest Qualcomm has been withholding software from Apple that Apple needs to test prototype devices for next year, forcing Apple's hand. Qualcomm and Apple have been involved in an escalating legal fight since the beginning of the year after Apple sued Qualcomm for $1 billion. Apple has accused Qualcomm of charging unfair royalties for "technologies they have nothing to do with" and failing to pay for quarterly rebates. Apple has since stopped paying royalties to Qualcomm until new licensing fees have been worked out, as have Apple suppliers, significantly impacting Qualcomm's profits. Qualcomm has since levied several lawsuits against Apple, accusing the

Apple Considering Eliminating Qualcomm Chips From Next Year's iPhones and iPads

Amid an escalating legal battle with Qualcomm, Apple is designing its 2018 iPhones and iPads without Qualcomm LTE chips, reports The Wall Street Journal. Apple is instead considering using only modem chips from Intel and perhaps MediaTek in its next-generation devices. Qualcomm is allegedly withholding software that Apple needs to test LTE chips in its iPhone and iPad prototypes, necessitating the move. The Wall Street Journal's sources say Qualcomm stopped sharing the software following the January lawsuit Apple filed against the company, hindering Apple's development efforts, but Qualcomm claims Apple has already tested the chip that would be suitable for the next-generation iPhone.Qualcomm said its "modem that could be used in the next generation iPhone has already been fully tested and released to Apple." The chip company said it is "committed to supporting Apple's new devices" as it does for others in the industry.Apple has used Qualcomm modem chips in its devices for many years, but began diversifying last year with the addition of Intel modem chips in the iPhone 7 and the iPhone 7 Plus. The iPhone 8 and the iPhone 8 Plus also use both Intel and Qualcomm chips. In the United States, AT&T and T-Mobile models use chips from Intel, while Verizon and Sprint models use chips from Qualcomm. According to The Wall Street Journal, Apple's plans to stop using Qualcomm chips in its 2018 devices could still change. Apple could switch suppliers as late as June, three months before the launch of the 2018 iPhone. Apple and Qualcomm have been embroiled in a legal

Creator of 'Remotizer' Keyless Entry System Sues Apple for Selling HomeKit-Enabled August Smart Lock

Texas resident Mark Kilbourne has filed a lawsuit against Apple in Southern Texas for selling the HomeKit-enabled August Smart Lock. The complaint claims that the August Smart Lock infringes upon his patented Remotizer keyless entry system for existing deadbolt locks. For selling the product, Apple is somehow being solely targeted here rather than August. Kilbourne allegedly submitted a Remotizer app for iPhone for review around September 2014, but Apple said it was unable to continue with the process because it needed the associated hardware to fully assess the app. "We began review of the app but are not able to continue because we need the associated hardware to fully assess your app features," read Apple's email response, according to the complaint. It appears Kilbourne never complied. Both the Remotizer and August Smart Lock are electronic systems for remotely opening and closing a preexisting deadbolt lock without a key. Both products allow homeowners to keep their existing exterior door hardware and replace only the interior side of most standard deadbolts. August's Smart Lock is compatible with Apple's HomeKit platform for locking and unlocking with Apple's Home app and Siri. Kilbourne is seeking an award of unspecified damages and legal costs, and he wants Apple to stop selling the August Smart Lock, according to the complaint. The lawsuit is rather humorous given that it should probably be targeted at August Smart Lock, so we'll see how far this one goes before getting tossed

Apple's Lengthy Lawsuit With Samsung Over Copying iPhone's Design Headed Back to Court

Apple's over six year old legal battle with Samsung for copying the iPhone's design is headed back to court yet again. U.S. District Court Judge Lucy Koh on Sunday ordered that a new trial is required to determine whether Apple's $399 million award for Samsung's design patent infringement should stand or whether a new damages trial is required. Apple and Samsung have until Wednesday to propose a retrial date, according to intellectual property analyst Florian Mueller, but he believes there is about a 30 percent chance the two parties could settle out of court before then. The lawsuit dates back to 2011, when Apple successfully sued Samsung for infringing upon the iPhone's patented design, including its rectangular front face with rounded edges and grid of colorful icons on a black screen. Apple's damages were awarded based on Samsung's entire profit from the sale of its infringing smartphones, but Samsung argued that the amount should be a percentage based on individual components like the front bezel or display. Last December, the U.S. Supreme Court recommended that the U.S. Court of Appeals reconsider the damages amount that Samsung owes. Apple's statement at the time:The question before the Supreme Court was how to calculate the amount Samsung should pay for their copying. Our case has always been about Samsung's blatant copying of our ideas, and that was never in dispute. We will continue to protect the years of hard work that has made iPhone the world's most innovative and beloved product. We remain optimistic that the lower courts will again send

Amazon Sending New Round of Credits to E-Book Buyers as Part of Apple Price Fixing Settlement

Customers who purchased a Kindle e-book between April 1, 2010 and May 21, 2012 may be receiving a credit from Amazon this morning as the retailer continues distributing funds from an antitrust lawsuit levied against Apple back in 2013 by the United States Justice Department. Emails were sent out to eligible customers in the United States this morning, and Amazon has also set up a website that will list available credits for those who are eligible for a refund. Apple, along with five other publishers including HarperCollins, Simon and Schuster, Hachette Book Group, Macmillan, and Penguin, was found guilty of conspiring to inflate the prices of e-books to weaken Amazon's dominant position in the market. While the five publishers settled, Apple held out and appealed several times, but was ultimately ordered to pay a total of $450 million. Apple maintained its innocence throughout the initial trial and appeals, and has argued that its deals with publishers introduced competition to a market that was largely controlled by Amazon. The United States Justice Department did not see it that way, though, as Apple's efforts ultimately raised prices for consumers. Several rounds of refunds have already been distributed as a result of the lawsuit. In 2014, customers received refunds funded by publishers, and in 2016, refunds totaling $400 million, or the bulk of the money paid by Apple, were sent out. This new round of refunds has also been funded by Apple's settlement and comes from $20 million that was earmarked to pay states that were involved in the lawsuit.

New Article Delves Into Origins of Ongoing Legal Feud Between Apple and Qualcomm

A new in-depth story about the ongoing legal fight between Apple and Qualcomm has been posted online today by Bloomberg Businessweek, going behind the scenes of the accusations and rebuttals made by the two tech companies. The fight centers upon the "Qualcomm tax," or the amount of money that Qualcomm charges smartphone makers for the internal components of a device that allows it to connect to a cellular signal, also known as the smartphone's modem. According to court documents seen by Bloomberg Businessweek, the true origin of the feud is described as starting two summers ago at the Allen & Co. conference in Sun Valley, Idaho. There, Apple CEO Tim Cook and Samsung Vice Chairman Jay Y. Lee are believed to have "shared a quiet word," where Cook told Lee to "pressure" South Korean antitrust regulators into intensifying a Qualcomm investigation that had been open for about a year at the time. Apple wanted to get itself in front of investigators and spur more questions about the Qualcomm tax, which it could do because it was in an agreement with the modem supplier. That deal had lowered the tax from $30 to about $10 per iPhone, with Apple promising not to challenge any of Qualcomm's patents. However, it meant that Apple could truthfully answer any question in an investigation about the supplier that was already under way -- which Qualcomm claims was exactly Apple's intent at the Idaho conference. Qualcomm claims that at the event—almost certainly the Allen & Co. conference in Sun Valley, which both Cook and Lee attended—the Apple executive urged Samsung to

Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier

United States district judge Lucy Koh has denied Apple's motion to dismiss a lawsuit related to disabling FaceTime on iOS 6 and earlier software versions three years ago, allowing the case to proceed as a class action lawsuit. MacRumors obtained court documents of the opinion filed electronically. The lawsuit was filed in February by California resident and iPhone 4 owner Christina Grace, who claims Apple intentionally broke FaceTime on iOS 6 and earlier by disabling a digital certificate that caused the service to cease functioning. California resident Ken Patter was later named as a second plaintiff. FaceTime abruptly stopped functioning for all iOS 6 users in April 2014. At the time, a spokesperson for Apple said devices may have encountered a "bug" resulting from a device certificate that expired on that date, and the company advised affected users to update to iOS 7 to fix the issue. The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers. Apple used two connection methods when launching FaceTime in 2010: a peer-to-peer method that created a direct connection between two iPhones, allegedly used between 90 and 95 percent of the time, and a relay method that used data servers from content delivery network company Akamai Technologies. Apple's peer-to-peer FaceTime technology was found to infringe on VirnetX's patents in 2012, however, so the company began to shift toward the relay method, which used Akamai's servers. Within a year, Apple was paying $50 million in fees to Akamai,

Florida Company Sues Apple Over Apple TV's 'What Did He Say?' Feature

Florida company CustomPlay filed a patent infringement lawsuit against Apple today, claiming a Siri feature that allows fourth-generation Apple TV users to rewatch a portion of video with closed captioning copies its movie companion software. The case has yet to be assigned to a judge. Using the Siri Remote, Apple TV users can ask "what did he say?" or a similar question and tvOS will rewind the TV show or movie by several seconds and resume playing with closed captioning temporarily enabled. This way, if you missed what someone said, you can conveniently go back and listen a second time. Skip to roughly the 1:02:13 mark of Apple's September 2015 event video below to see a live demo of the feature. Skip to roughly the 1:02:13 mark of the video CustomPlay owner Max Abecassis essentially argues he invented the idea first, as the owner of U.S. Patent No. 6,408,128 B1, filed in 1998 and granted in 2002. The patent covers a replay function with subtitles activated by either remote control or voice control, much like tvOS's feature. An excerpt from the patent's description:A remote control capable of activating a replay function comprises a WHAT? button, key, or other replay function key or means, to enable a viewer by activating the replay function to automatically cause the system to: i) rewind or skip backwards the playing of the video a system default or a viewer specific previously defined amount, e.g. 20 seconds; ii) turn on the subtitle to a system default or a viewer specific previously selected subtitle language, e.g. English; iii) turn off the subtitle

Apple Ordered to Pay $506M to University of Wisconsin in A7/A8 Patent Dispute

U.S. District Judge William Conley today ordered Apple to pay $506 million to the University of Wisconsin's Alumni Research Foundation for infringing on a patent related to computer processing technology used in its A7, A8, and A8X chips, reports Reuters. The $506 million total is more than double the $234 million in damages that a Jury ordered Apple to pay back in 2015, with Conley adding an extra $272 million. According to Conley, Apple owes additional damages along with interest because Apple continued to infringe on the patent until it expired at the end of 2016. The lawsuit in question dates back to 2014, when the Wisconsin Alumni Research Foundation accused Apple of infringing on a patent titled "Table based data speculation circuit for parallel processing computer," that was originally granted in 1998 and covers a method for improving processor efficiency. A jury ruled that Apple's A7, A8, and A8X processors infringe on the patent, and the university has also filed a second lawsuit covering Apple's A9 chips, which has not yet been ruled on. Apple plans to appeal the judge's

Qualcomm Says Tech Group Supporting Apple is 'Misdirecting' ITC With 'Coordinated Effort'

Last week, the Computer & Communications Industry Association, a lobbying group representing Google, eBay, Amazon, Microsoft, Netflix, Intel, Samsung, and other tech companies, asked the United States International Trade Commission to reject Qualcomm's request for an import ban on some of Apple's iPhone and iPad models that use Intel chips. The group said that banning Apple products that use Intel chips would enable Qualcomm's anti-competitive behavior and cause supply issues, resulting in harm to consumers. Qualcomm today responded to the CCIA in a court filing, accusing the group of launching a "coordinated effort aimed at misdirecting" the ITC, reports Reuters. Qualcomm also said that the import ban it requested is not focused on Intel's chips, but the patented technology used in iPhones with Intel chips.In its filing on Monday, Qualcomm argued that its import ban is not actually about Intel's chips, but instead concerns the patented technology that surrounds the Intel chips in current versions of the iPhone. Thus a ban on importing the phones would not hurt competition in the long term, Qualcomm argued. "Apple can purchase and utilize any LTE modem it chooses so long as it does not infringe Qualcomm's asserted patents," the company wrote.Apple and Qualcomm have been embroiled in an ongoing legal battle following Apple's decision to sue Qualcomm in January for charging unfair royalties and refusing to pay quarterly rebates. The fight between the two companies has escalated since then, most recently leading Qualcomm to file a patent infringement lawsuit

State Farm Sues Apple For Over $75,000, Claims Defective iPhone Caused House Fire

Wisconsin resident Xai Thao and her home insurance provider State Farm have jointly sued Apple for over $75,000 this week, claiming the company sold Thao a defective and dangerous iPhone 4s that started a fire in her home last year. The lawsuit, filed in U.S. district court, alleges the house fire was the direct result of the iPhone's battery short-circuiting and heating up. Thao nor anyone else ever changed the battery in the iPhone, according to the complaint.On or about April 1, 2016, the iPhone failed, starting a fire in Thao's home. Preliminary investigations show evidence of a significant and localized heating event in the battery area of the iPhone as well as remnants of internal shorting, indicating that an internal failure of the iPhone's battery caused the fire. The complaint reiterates that the design, manufacture, and sale of the iPhone 4s created a "dangerous, unsafe, and defective" condition. If designed improperly, lithium-ion batteries do have the potential of short-circuiting and catching fire, as Samsung learned the hard way with its recalled Galaxy Note7 last year. But, that hasn't been a widespread issue with the iPhone 4s since it launched in 2011, so this is certainly an isolated incident. Thao and State Farm are seeking at least $75,000 in damages from Apple, but the exact amount is to be determined if and when the case is

Qualcomm CEO Says Out of Court Settlement With Apple Could Happen

Apple and Qualcomm have been embroiled in a bitter legal battle since the beginning of the year, and though the fight has escalated in recent weeks, Qualcomm CEO Steve Mollenkopf today told Fortune that an out of court settlement is not out of the question."There's not really anything new going on," Mollenkopf said speaking at the Brainstorm Tech conference in Aspen. About the Apple dispute, he explained "those things tend to get to resolved out of court and there's no reason why I wouldn't expect that to be the case here."Mollenkopf went on to say that he has no specific news of a settlement and that nothing new has happened in the case. "I don't have an announcement or anything so please don't ask, he told Fortune. Mollenkopf made a similar statement back in February, but that was before the legal battle between the two companies intensified. At that time, he also said he didn't expect a public fight, something Apple and Qualcomm have not been able to avoid. Today's interview suggests Qualcomm is still open to settlement talks, but whether that will happen remains to be seen. If Apple and Qualcomm do not settle, we can expect a legal battle that will continue on for several years. The fight between Apple and Qualcomm started in January, after the FTC complained that Qualcomm had engaged in anticompetitive patent licensing practices. Apple sued Qualcomm for $1 billion just days later, accusing the company of charging unfair royalties for "technologies they have nothing to do with" and refusing to pay quarterly rebates. According to Apple, Qualcomm has

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 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

Qualcomm Says Its Innovations Are At the Heart of Every iPhone as Battle With Apple Intensifies

Apple this week expanded its lawsuit against Qualcomm, accusing the wireless chipmaker of "double-dipping" by allegedly refusing to sell chips to manufacturers unless they also pay separate royalties and enter licensing agreements at unreasonable rates, according to court documents filed electronically. Qualcomm has since responded to the amended complaint, claiming that Apple is "trying to distract" from the fact that it has made alleged "misleading statements" about the comparative performance of its Snapdragon X12 modem, used in select iPhone 7 models to enable Wi-Fi and cellular connectivity. Apple dual sources wireless chips from Qualcomm and Intel for the iPhone 7 and iPhone 7 Plus. Qualcomm's Snapdragon X12 modem is used in CDMA models, such as those sold by Verizon and Sprint, while Intel's XMM7360 modem is used in GSM models, such as those sold by AT&T and T-Mobile. New York-based Cellular Insights last year found Qualcomm's modem to significantly outperform Intel's modem in the iPhone 7 Plus, based on simulated testing of LTE performance at different distances from a cellular tower. Apple, however, publicly stated there is "no discernible difference" in performance between the Qualcomm and Intel modems in any of the models. Apple also threatened Qualcomm not to disclose the truth, according to Don Rosenberg, executive vice president and general counsel of Qualcomm. Rosenberg said Apple's bigger misconception is that Qualcomm's innovations are limited to technology implemented in the cellular modem, when in fact its patented inventions are