Apple dodges one import ban in Qualcomm fight, faces another

Bloomberg

Qualcomm Inc. has fired multiple legal shots at Apple Inc. aiming to use patents to get an import ban on the iPhone. In separate rulings, one hit and one missed.
The US International Trade Commission invalidated a Qualcomm patent for a battery-saving feature. Earlier in the day, a separate trade judge said Apple infringed a different Qualcomm patent and recommended certain older models of the iPhone be banned. The commission is scheduled to release a final decision in that case in July.
The cases are among some 80 worldwide between the companies in a dispute that’s lasted more than two years. Qualcomm is hoping a victory, particularly an import ban, could give it greater leverage in technology licensing negotiations. Qualcomm says it’s due billions of dollars in unpaid royalties on the iPhone as the two tech giants argue over the value of the chipmaker’s patents.
The Cupertino, California-based Apple denied infringing any of the patents in the two cases and claimed Qualcomm is trying to shut its only US-based competitor out of the market, something Apple argues will hinder the development of the fifth-generation of mobile communic- ations. In both cases at the trade agency, Apple argued that no import ban should be imposed even if a patent violation is found.
“We’re pleased the ITC has found Qualcomm’s latest patent claims invalid, it’s another important step to making sure American companies are able to compete fairly in the marketplace,” Apple said in a statement following the second ruling. “Qualcomm is using these cases to distract from having to answer for the real issues, their monopolistic business practices.”
Qualcomm, based in San Diego, argued that the opposite is true. If it can’t enforce its patents, that will lessen the value of its innovation and give rivals, particularly China’s Huawei Technologies Co., a chance to gain greater market share. Qualcomm has called the Intel products inferior, and accused Intel and Apple of incorporating unlicensed Qualcomm inventions into the Intel chips to improve their quality.
In the earlier case, ITC Judge MaryJoan McNamara said she would be recommending an import ban on certain models of iPhones, which are made in China, according to a notice posted on the Washington agency’s electronic docket.
The judge found no violation of two other Qualcomm patents in the case.