“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
It doesn’t seem likely anyone will be able to break Qualcomm’s double-dipping tactics. If there was any chance of that happening, the stock price would plunge quite hard. Right now, the stock price seems as solid as a bar of gold. Qualcomm’s CEO seems like a pretty shrewd guy and definitely has all the confidence in the world even going up against companies like Apple. I honestly think Qualcomm will continue to get away with double- and triple-dipping. Some companies always remain Teflon-coated where nothing harmful can stick to them. Even Broadcom couldn’t grab hold of Qualcomm.
Reminiscent of organizations like the DNC and ANTIFA and sundry NeoLib individuals saying, “OK, now we got Trump for sure. He’s done. Dead politician walking. He’ll have to resign next week.” lol. Nothing happens; He’s still around.
They don’t want to face the absolute fact that Hillary lost fair and square and that Mueller left the reservation. Berniecrat here.
Appreciate the honesty …
Wishful thinking lives on.. such a dark and human aspiration, yet one so doomed by every new sunrise.
Your wistful and poetic comment is inscrutable.
Inscrutibility is a defence against being rounded up by Pinochet’s police as an enemy of the state, whilst still communicating with like-minded defenders of liberty
… But, the real-world arena of competition encourages competitors to horn in on QualComms products.
Intel is starting to enter the segment.
Time will tell.
Apple, mend with Qualcomm ASAP and give us their embedded touch ID underneath OLED, will you?