Qualcomm Seeks to Block iPhone Imports
Qualcomm on Friday requested the import ban Friday with the U.S. International Trade Commission, which has the power to block shipments of products that violate intellectual property.
Qualcomm is alleging that Apple has engaged in the "unlawful importation and sale of iPhones that infringe one or more claims of six Qualcomm patents covering key technologies that enable important features and functions in iPhones."
Qualcomm is requesting that the ITC institute an investigation into Apple's infringing imports and ultimately issue a Limited Exclusion Order (LEO) to bar importation of those iPhones and other products into the United States. Qualcomm is seeking the LEO against iPhones that use cellular baseband processors other than those supplied by Qualcomm's affiliates. Additionally, Qualcomm is seeking a Cease and Desist Order barring further sales of infringing Apple products that have already been imported and to halt the marketing, advertising, demonstration, warehousing of inventory for distribution and use of those imported products in the United States.
The six patents, U.S. Patent No. 8,633,936, U.S. Patent No. 8,698,558, U.S. Patent No. 8,487,658, U.S. Patent No. 8,838,949, U.S. Patent No. 9,535,490, and U.S. Patent No. 9,608,675 enable high performance in a smartphone while extending battery life.
Qualcomm today also filed a complaint against Apple in the U.S. District Court for the Southern District of California alleging that Apple infringes the same six patents in the complaint filed in the ITC. The complaint seeks damages and injunctive relief.
Qualcomm expects that the ITC investigation will commence in August and that the case will be tried next year.
The two companies have been battling over how much Apple owes in licensing fees to Qualcomm. Apple has been withholding fees until the courts determine the amount, a process that could take several years.