Another excuse to manufacturer iThings in the USA!!!
That'll please Donald who'll no doubt claim it was down to his brilliance !!
Consumers have come to the rescue of plucky little Apple in its ongoing stand-off with Qualcomm over patent infringements. This particular spat is over Qualcomm's attempt to persuade the US International Trade Commission (ITC) to stop Apple importing iPhones that do not contain the chipmaker's radio gear. The sueball was …
Surely the class has to establish legal standing to take a class action case. Unless these consumers are purchasers of the mobile phone allegedly infringing phone, I'm not sure how they can. The patent monopoly is sort of the intended point of patents.
If the class IS purchasers of the phone, and if Apple are found to have infringed a Qualcomm patent in those phones, wouldn't that expose the class to a patent infringement counter-suit? It's unusual to sue end-users for patent infringement in these cases, but not unheard of (certain patent trolls engage in this practice). If the consumers really want to start the sue-balls flying...
In what way would having a better working relationship fix the fact that Intel make chips that infringe Qualcomm's patents and Apple put them in their phones? Intel would still be infringing and Apple would still be using these chips and no one would be paying the license fee they are supposed to pay.
I think the article is missing some information:
If the modem chip violates Qualcomm's patent, why is the buyer of the chip being sued instead the chip maker? Unless QC is claiming that the other would never have infringed if Apple hadn't induced them to do so, I'm not sure I see the argument from QC's point of view. (As opposed to the lawyer's POV... I think I know that!)
Does anyone know offhand if the (allegedly) violated patent is a FRAND case? Being a modem, I'm assuming that it is, but it's unclear -- and, again, I should think that that would be an issue with the modem maker, not the phone maker.
But, then, IANAL -- so what do *I* know?
That was actually my question as well. As someone already mentioned, Qualcomm can go after end-users for licensing fees if they so wish, but that will be very bad PR for them. Assuming that Intel manufactured the LTE modems, shouldn't both be sued? A number of years ago, Qualcomm violated Broadcom's patents and the latter won an ITC ruling that banned the import of devices using the offending chips.
Besides, Apple and their little spat with Samsung, Apple needs to be brought down a couple of pegs.
They're going after Apple because that's how the (potentially) infringing chips get into the US. iPhones are being assembled in China (and Brazil now I think, though not the ones imported into the US) so if Intel is manufacturing the chips outside the US they can't ban the import/export of the chips in US courts until they are in the phones.
Apple has been rumored to be talking to Mediatek, and they've been hiring enough RF engineers the last few years there's speculation they may be designing their own. So it looks like they have other irons in the fire, though those options could present similar problems.
Apple owns a fair chunk of LTE patents they obtained from Nortel's bankruptcy which you'd think they'd be able to use against Qualcomm to try to block import of phones containing Qualcomm chips - though that would be a rather nuclear option as pretty much no one would be able to import phones into the US if Mediatek was blocked by Qualcomm as well.
Apple's ultimate goal is to be able to integrate the cellular baseband (whether theirs or a third party's) onto their SoC so they want to find a way to leave Qualcomm.
Google for a Bloomberg/Businessweek article titled "Apple and Qualcomm's Billion-Dollar War OVER an $18 Part" and get back to us.
"Apple owns a fair chunk of LTE patents". Study the concept of "Standard Essential Patents" and get back to us. Those are the patents that Apple and Qualcomm must cross-license.
Non-SEP patents are exactly what's keeping Apple from a SOC.
But, by all means, go on then.
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