Win Some, Lose Some in Qualcomm vs Apple Saga

[cageymaru]

A jury in federal court in San Diego awarded Qualcomm $31 million in a patent infringement case against Apple. Qualcomm requested damages amounting to $1.41 per iPhone. The three patents that Apple allegedly violated were related to battery life in mobile phones.

In another case, a U.S. federal judge issued a preliminary ruling favoring Apple related to patent royalty rebate payments. Factories that build Apple iPhones paid Qualcomm billions of dollars to use Qualcomm's technology. Apple agreed to reimburse the factories. "Qualcomm and Apple had a cooperation agreement under which Qualcomm would pay Apple a rebate on the iPhone patent payments if Apple agreed not to attack in court or with regulators." Apple filed a lawsuit after it says Qualcomm refused to issue $1 billion in patent royalty rebates. Qualcomm alleged that "Apple had broken the agreement by urging other smartphone makers to complain to regulators and making "false and misleading" statements to the Korean Fair Trade Commission." Apple said it was just responding to regulators.

The decision will not become final until after the trial in the case, which begins next month. And it is unlikely that Qualcomm will make a new payment to Apple. Apple's contract factories, which under normal circumstances would pay Qualcomm for patent royalties owed on iPhones, have already withheld the nearly $1 billion in payments to Qualcomm. "Apple has already offset the payment at issue under the agreement against royalties that were owed to Qualcomm," Qualcomm's Rosenberg told Reuters.

 

[Twisted Kidney]

This is SO far from over.

 

[trparky]

What I seriously do not get is how the hell did Qualcomm get so damn powerful to control what is essentially the standard upon which pretty much every damn phone in the world works with? If anything, Qualcomm is a company that needs to be broken up and torn to shreds because to hold what is an "essential technology" that the world needs to function on a daily basis hostage should be absolutely ILLEGAL!!! This is like Microsoft, but ten times worse.

 

[harbingerofdoom]

What I seriously do not get is how the hell did Qualcomm get so damn powerful to control what is essentially the standard upon which pretty much every damn phone in the world works with? If anything, Qualcomm is a company that needs to be broken up and torn to shreds because to hold what is an "essential technology" that the world needs to function on a daily basis hostage should be absolutely ILLEGAL!!! This is like Microsoft, but ten times worse.

thats kind of exactly how patents work. thats the GOOD reason to have patents- companies will infuse money into R&D and know they will see a return.

 

[trparky]

thats kind of exactly how patents work. thats the GOOD reason to have patents- companies will infuse money into R&D and know they will see a return.

I'd say that it should then be considered to be a FRAND patent because of the absolute necessity of the world that we live in.

 

[Nobu]

"Apple has already offset the payment at issue under the agreement against royalties that were owed to Qualcomm," Qualcomm's Rosenberg told Reuters.

That sounds highly questionable (read: illegal). The agreement was for a rebate to be issued, not for payment to be withheld. I don't expect the court to look favorably on that, even if they do side with Apple in the end.

 

[harbingerofdoom]

I'd say that it should then be considered to be a FRAND patent because of the absolute necessity of the world that we live in.

i dont know that this isnt already RAND patent or that it is not. Id say find out before we start tossing around that kind of stuff. i do not personally know either way.

and- either way. you dont like it (even if it IS rand or frand) you're free to come up with an alternative at anyyyyyyyyyyyyyy point you like. start tossing money at the situation and see how far you can get with it my friend. I will support you fully by purchasing said product *IF* it makes sense and is at a reasonable cost to me.