Reuters ) – Qualcomm encourages US regulators to reverse a judge's decision and ban the import of some Apple iPhones into a protracted patent match between the two companies.
Qualcomm seeks the ban on dealing with Apple a blow before the two begin a major trial in mid-April in San Diego over Qualcomm's patent licensing practice. Qualcomm has sought to pressure Apple with less legal challenges ahead of this trial and has won partial iPhone bids in China and Germany against Apple, forcing the iPhone manufacturer to send only Qualcomm chips phones to some markets.
Any Possibilities Ban on iPhone imports into the United States may be short-lived because Apple last week for the first time revealed that it has found a software set to avoid violating one of Qualcomm's patents. Apple asked regulators to give it as much as six months to prove the repair works.
Qualcomm took the case against Apple in the US International Trade Commission in 201
In September, Thomas Pender, an administrative court judge at the ITC, found that Apple violated one of the patents in the case, but refused to issue a ban. Pender reasoned for imposing a ban on Intel-chipped iPhones would give Qualcomm an effective monopoly on the US market for modem chips, which connect smart phones to wireless data networks.
Pender's decision said that the preservation of competition in the modem bridge market was in The public interest that faster 5G networks come online over the next few years.
Things where ITC finds patent infringement, but does not prohibit the import of products, are rare. In December, the entire ITC said it would consider Pender's decision and decide whether to maintain or reverse it at the end of March.
In archives that were released last week ahead of the full commission decision, Apple said for the first time that it had developed a software fix to avoid running Qualcomm's patent. Apple said it didn't figure out the repair until after the trial and that it implemented the new software "last fall".
But Apple said it would need six months to verify that the repair would satisfy regulators and sell its existing inventory. Apple asked the entire Commission to delay any import ban with as long as the Commission reverses the judge's decisions.
In an archiving late Friday, Qualcomm claimed that Apple's solution solution undermined the reasoning of Pender's decision and that Intel-converted phones should be banned while Apple exploits its solution.
"Pender is recommended against a remedy because the (Qualcomm) patent excludes that Apple does not use Intel as a provider for many years and that it was not possible to make the editing" Qualcomm wrote. "Apple now admits – more than seven months after the hearing – that the alleged damage is completely avoided."