ITC judge sides with Qualcomm, recommends iPhone import ban, but President Trump could veto

“In 2017, Qualcomm filed two ITC complaints (requests for U.S. import bans) against Apple,” Florian Mueller writes for FOSS Patents. “In the earlier-filed case, a final determination by the Commission (the six-member decision-making body at the top of the U.S. trade agency with quasi-judicial authority) is due at 5 PM Eastern Time today, and the outcome of that one will be inconsequential as Apple has already worked around the sole remaining patent-in-suit. ”

“What’s not so clear right now is whether Qualcomm may or may not gain leverage from the later-filed case,” Mueller writes. “In that one, Administrative Law Judge (ALJ) MaryJoan McNamara just announced an initial determination (‘initial’ means the parties can seek a Commission review, and a final ruling is still four months off) according to which Apple is deemed to infringe one of three Qualcomm patents-in-suit.”

“Should the Commission affirm the ALJ’s decision and adopt the recommendation to issue an import ban despite concerns over the anticompetitive implications of doing so, the President of the United States (who typically delegates this authority to the U.S. Trade Representative) could still veto an import ban,” Mueller writes. “Also, there would be an appeal, and the Federal Circuit could stay enforcement for the duration of the appeal. And an antisuit injunction motion that a consumer class brought last year — but which was deemed premature at the time — could still succeed after the Presidential review.”

Read more in the full article here.

MacDailyNews Take: Lots of question marks here. We’ll see what happens next. As Mueller says in his full article, the patent in question (multiple supply-voltage power-up/down detectors) is “likely invalid” regardless of Judge McNamara’s initial determination.


    1. 🇺🇸Trump will bend you to his will one way or another. Either come willingly or get dragged through the dirt like a screaming buffoon.

      He will relish to the fullest the moment when Tim Apple fully grasp how much power he has when it all boils down to a decision based on his presidential review. MAGA🇺🇸

  1. This is interesting. As much as I hate Trump there is a very good relationship between him and Tim Cook. That and the Apple Voter Base should motivate Trump to protect Apple.

      1. How magnanimous of you!

        By the way, “hatred” is not the same as “bigotry.” You can hate someone without being intolerant of their opinions, and you can be intolerant of their opinions without hating someone.

        When you lay your emotional cards out on the table, as Ken did, at least you are fully disclosing that potential bias for others to consider. The very act of full disclosure is a sign that a person is able to make an unbiased judgment despite the emotional influence.

        By the way, you were hot in Star Trek Voyager…

  2. i’m still wondering how Software patents are not honored like Hardware.

    iOS or previously iPhone OS elements, multi-touch, pinch to zoom, rubber-banding scroll are considered essential…

    lame USPO

  3. There was a time when out of principle, both Democrats and Republicans preferred that the legal process could proceed without executive interference. Especially in complex tech cases.

    I miss those days.

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