09 November 2017
Reporter: Barney Dixon

Apple-Qualcomm lawsuit dismissed

Qualcomm and Apple’s $1 billion battle has ended in a mixed ruling, with a US judge granting Qualcomm’s motion to dismiss, but granted Apple’s motion to dismiss counterclaims of unfair competition.

In January, Apple sued Qualcomm in the US District Court for the Southern District of California for unfairly insisting on charging royalties for “technologies they have nothing to do with”.

The smartphone maker sought a declaration of non-infringement or invalidity, or that the court set a fair, reasonable and non-discriminatory royalty on nine Qualcomm patents.

Apple claimed that the more it innovated with new features, the more money Qualcomm collects for “no reason” and the “more expensive it becomes for Apple to fund these innovations”.

According to Apple, Qualcomm has withheld nearly $1 billion in payments from Apple as retaliation for “responding truthfully to law enforcement agencies investigating them”, alluding to anti-trust investigations that have cost Qualcomm billions of dollars.

But judge Gonzalo Curiel said that the absence of “detailed infringement analysis” as to the nine patents weighed severely against a declaratory judgement.

In the ruling, Curiel explained: “The court will ‘decline to invest judicial time and resources in a declaratory action’ that requests only piecemeal relief that does not resolve the disputes between the party in a worthwhile way.”

Broadcom reportedly made a $130 billion offer to buy out Qualcomm earlier this week.

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
Countries should break IP rules to ensure growth, says report
23 February 2018 | London | Reporter: Barney Dixon
Countries such as India and China should break harmonised intellectual property rules to avoid protectionist measures from the US and EU, according to a new report from Gowling WLG
EPO employment proposal halted
22 February 2018 | Munich | Reporter: Barney Dixon
A proposal to scrap permanent employment contracts at the EPO has been halted and a controversial article within it withdrawn, a source close to the Staff Union of the EPO has confirmed
UPC complaint to be heard in 2018
22 February 2018 | Karlsruhe | Reporter: Barney Dixon
The German Federal Constitutional Court will hear the constitutional complaint against the UPC in 2018
Cabinet Plasseraud promotes four to partner
21 February 2018 | Paris | Reporter: Barney Dixon
Cabinet Plasseraud has appointed for intellectual property attorneys to partner
NPE litigation in Europe sees continued growth
20 February 2018 | Brussels | Reporter: Barney Dixon
NPE litigation and enforcement in Europe has increased by an average almost 20 percent year-on-year since 2007, according to a new report from Darts-IP
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices