“The previous post was about a magistrate judge’s annoyance at Qualcomm’s gamesmanship,” Florian Mueller writes for FOSS Patents. “But what’s sure to cause Qualcomm and its lawyers a lot more headache is the pressure from two important summary judgment motions: the FTC’s motion in the Northern District of California seeking to clarify Qualcomm’s self-imposed obligation to license rival chipset makers and — which is what this present post is about — a motion by Apple and four contract manufacturers (Foxconn, Compal, Wistron, and Pegatron) in the Southern District of California, leveraging the Supreme Court’s 2017 Lexmark ruling against Qualcomm’s double-dipping practice.”

“Apple and its four contract manufacturers say that ‘Lexmark forbids this double-dipping,” Mueller writes. “The doctrine of patent exhaustion, which the Supreme Court clarified, upheld and reinforced in Lexmark, is fundamentally irreconcilable with the notion of a company selling chipsets and collecting patent license fees from the customers buying its chips. But Qualcomm appears to have believed for a long time that it would get away with it.”

Read more in the full article here.

MacDailyNews Take: Once again, Qualcomm’s unreasonable, illogical, and irrational licensing scam, which charges a percentage of the total cost of all components in the phone, even non-Qualcomm components, must end.

SEE ALSO:
Magistrate judge rebukes Qualcomm for iPhone patent infringement allegations it originally chose not to bring – September 6, 2018
EU regulators charge Qualcomm with additional violation in pricing case – July 19, 2018
Apple petitions U.S. Patent Office to invalidate four Qualcomm patents – June 22, 2018
Apple brings 5G and national security into Qualcomm patent battle – June 18, 2018
Analyst: Apple, Qualcomm legal fight could settle this year – June 11, 2018
Apple CEO Tim Cook to be deposed in Qualcomm lawsuit – April 6, 2018
Judge Koh sets aside sanctions order against Apple in FTC v. Qualcomm antitrust case – February 8, 2018
Apple gets support from Lawyers for Civil Justice in fight against discovery sanctions – February 1, 2018
EU fines chipmaker Qualcomm $1.2 billion for paying Apple to shut out rivals’ chips – January 24, 2018
Apple sanctioned in Qualcomm FTC case for withholding documents – December 22, 2017
Apple countersues Qualcomm for patent infringement – November 29, 2017
Apple designing next-gen iPhones, iPads that would dump Qualcomm components – October 31, 2017
Qualcomm faces long odds in attempt to get ban of iPhone sales and manufacturing in China – October 17, 2017
Qualcomm files lawsuits seeking China iPhone ban, escalating Apple legal fight – October 13, 2017
Qualcomm fined record $773 million in Taiwan antitrust probe – October 11, 2017
Apple faces down Qualcomm, Ericsson over EU patent fees – October 2, 2017
Qualcomm loses two key rulings in its patent royalty fight with Apple – September 21, 2017
Apple’s A11 Bionic obliterates top chips from Qualcomm, Samsung and Huawei – September 18, 2017
U.S. judge rules Apple lawsuits against Qualcomm can proceed – September 8, 2017
Qualcomm CEO expects out of court settlement with Apple – July 18, 2017
Apple-Qualcomm legal dispute likely to be ‘long and ugly’ – July 7, 2017
Qualcomm wants court to block Apple from U.S. iPhone imports and sales – July 6, 2017
Judge rules U.S. FTC antitrust lawsuit against Qualcomm to proceed – June 27, 2017
Apple uses Supreme Court decision to escalate war against Qualcomm – June 20, 2017
Apple’s amended San Diego complaint against Qualcomm leaves no doubt: many billions at stake – June 20, 2017