09 November 2017
California
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
Baker Botts promotes three in IP
21 November 2017 | Texas | Reporter: Barney Dixon
Baker Botts has promoted three intellectual property attorneys to partner, as part of a round of 11 partner promotions
Alibaba in ITC spotlight
20 November 2017 | Washington DC | Reporter: Barney Dixon
Alibaba will be investigated by the US International Trade Commission over the importation and sale of insulated beverage containers, their labels, and packaging materials
MediaTek partners with Anaqua
20 November 2017 | Boston | Reporter: Barney Dixon
Taiwanese semiconductor company MediaTek has selected Anaqua to manage its intellectual property activities, including its inventions and patents
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”