11 September 2017
Reporter: Barney Dixon

Qualcomm’s anti-suit injunction against Apple fails

Qualcomm’s bid to stay all foreign legal actions brought against it by Apple has failed, after a US judge rejected the chipmaker’s motion for an anti-suit injunction.

Apple sued Qualcomm in January for nearly $1 billion, accusing Qualcomm of charging royalties for “technologes they have nothing to do with”.

Qualcomm requested the injunction in July, asking the US District Court for the Southern District of California to order Apple to stay all of its foreign actions against Qualcomm, including its anti-monopoly lawsuit in China.

Judge Gonzalo Curiel rejected the injunction, stating: “Apple’s declarations make evident that it has sought to challenge Qualcomm’s patent licensing practices and anticompetitive conduct territory by territory”.

He added: “While Qualcomm may object to this litigation strategy as duplicative, the court will not conclude that Apple’s exercise of its rights under foreign laws is vexatious.”

Qualcomm’s CEO Steve Mollenkopf has previously said that the case would likely be settled out of court.

He said: “Typically companies come to agreements out of court. Sometimes on the courtroom steps. Sometimes not on the courtroom steps. And we’ve had experience over the course of the history—both ways.”

“It could be a situation where a solution just appears.”

But, since then, Qualcomm has faced a slew of losses, including the failure to overturn an order from the Korea Fair Trade Commission that forces the chipmaker to engage in good-faith negotiations with chip companies.

Qualcomm’s president and former head of technology licensing has also stepped down amid rising tensions. He is credited with overseeing the company's technology and IP licensing business and was “instrumental to the success and growth of this division”, according to Qualcomm.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Brazil and China sign PPH agreement
17 November 2017 | Beijing | Reporter: Barney Dixon
The State Intellectual Property Office of China has signed a patent prosecution highway agreement with the Brazilian National Institution of Intellectual Property
Cozen O’Connor hires ex-DLA Piper litigator
17 November 2017 | Washington DC | Reporter: Barney Dixon
Cozen O’Connor has hired ex-DLA Piper litigator Hugh Marbury as member in its intellectual property department
Mewburn Ellis opens Munich office
16 November 2017 | Munich | Reporter: Barney Dixon
Intellectual property boutique Mewburn Ellis has opened a new office in Munich, its first expansion outside of the UK
EPO faces backlash over scrapping of permanent employment contracts
15 November 2017 | Munich | Reporter: Barney Dixon
In an internal memo, the Staff Union of the European Patent Office described the move as “Kafkaesque”
Apple under ITC investigation over remote desktop patents
15 November 2017 | Washington DC | Reporter: Barney Dixon
The US International Trade Commission will investigate Apple over the alleged infringement of patents relating to remote desktop software
AST hires former Yahoo! vice president
14 November 2017 | Princeton | Reporter: Barney Dixon
Allied Security Trust has hired the former vice president and deputy general counsel of Yahoo!
New EPO president looking to cooperate with USF
13 November 2017 | Munich | Reporter: Barney Dixon
The new president of the EPO, António Campinos, has revealed a positive outlook for the office, alluding to plans for cooperation between the EPO and the USF