back to article US trade watchdog puts down the phone to Qualcomm, reaches for probe, sticks it in Apple

America's international trade watchdog is officially probing Apple over claims its iPhones and iPads infringe technology patents. The ITC announced Tuesday it had begun a Section 337 investigation of the Cupertino giant to assess whether iOS smartphones and fondleslabs should be banned from being imported into America because …

  1. Your alien overlord - fear me

    Bugger, more iThings will just be sent to Europe to be sold.

  2. a_yank_lurker

    iBan

    So the ferals might ban iThingings. They might want to reconsider since the hipsters will not get their newest iToys.

    1. Chemical Bob

      Re: iBan

      And that's bad how?

  3. chuckufarley Silver badge
    Black Helicopters

    Why do iGet the feeling...

    ...that this battle is more about what is (or isn't) happening in Southeast Asia than what is happening in the USA? Yes, the iThings are sold in the USA. However they are built halfway around the world and it seems to me that the battle should take place there. Banning the products in the sale USA doesn't do as much for Qualcomm as banning the manufacturing of the infringing products in Taiwan, China, et al. The US may have a huge market share and deep pockets but nothing is really made there. So retailers can only sell what they are given to sell. If Apple can't sell them in one country it can sell them in another. But if Apple can't make them at all it can't sell them anywhere.

    1. Mark 85

      Re: Why do iGet the feeling...

      While I agree, this also about lawyers. If every one settles and re-negotiates, a bunch of lawyers will be out of work. I suspect that the companies involved are listening more to the lawyers than the voice of reason.

    2. Steve Davies 3 Silver badge

      Re: Why do iGet the feeling...

      QC has had to pay some reallyheavy fines in Asia for how it does business so I think that going after iFruity there is a non starter.

      What puzzles me is that if there is sometihng infringing QC's patents, it is the Intel Modem. Why has QC not gone after Intel?

      All of this would go away if Apple bent over and allowed WC to carry on shafting them for a percentage of each iDevice sold with their modems inside.

      It is as if you went to buy a car and find that there is a 5% levy for using Pirelli's and not Bridgestones.

      1. Tom 38

        Re: Why do iGet the feeling...

        Intel licensed the tech from Qualcomm, and made chips that Intel sold to Apple to put in devices. Qualcomm feel that Apple should also pay a license fee, I think they are high.

    3. eldakka

      Re: Why do iGet the feeling...

      Banning the products in the sale USA doesn't do as much for Qualcomm as banning the manufacturing of the infringing products in Taiwan, China, et al.
      Patents are granted on a country-by-country basis and, unlike copyright, because you have a patent on concept X in the US doesn't mean you have a patent on the same concept X in China.

      Therefore the devices at their point of manufacture could be perfectly legal, not infringe any patents at all. Or, maybe they do infringe patents at their point of manufacture, but the manufacturer might have the legal system of that country in their pockets, so it won't get enforced against them.

      However, the US may have granted patents (or be more willing to enforce them) on concept X, therefore the perfectly-legally manufactured device in China may be an illegal, patent infringing, device in the US.

  4. whoseyourdaddy

    You guys do know that the ITC only governs what is imported into the US?

    Does it apply to prototypes? I'm eager to find out.

    1. Anonymous Coward
      Anonymous Coward

      No, import for sale.

  5. oneeye

    Childish? When Has Apple Ever Paid What's Fair?

    The company, Apple, stiffs multitudes of countries out of tax money, and screws over EVERY supplier, and now wants a free ride on Qualcomm? Now that's childish! And GREEDY.

  6. willi0000000

    sounds to me like somebody didn't make a big enough campaign contribution.

    [ . . . or wouldn't support some idiot plan to redistribute even more wealth upwards ]

  7. User McUser
    WTF?

    I Clearly Do Not Understand Patent Law

    [Qualcomm] wants an import ban placed on iPhones and iPads that use Intel-made wireless broadband modems, the operation of which allegedly infringes six patents held by Qualcomm.

    Surely Qualcomm should be suing INTEL then? Apple is merely buying Intel's chips so not sure how that would infringe any patents...

    Apple usually uses Qualcomm modem chips in its handhelds, but has started using Intel components in some of its latest products. Qualcomm reckons Apple's use of Intel's technology tramples on its patents, hence the import ban request.

    I know lawyers like money but how is this even a lawsuit? Does Qualcomm have a patent on device manufacturers buying chips from their competitors?

    1. Anonymous Coward
      Anonymous Coward

      Re: I Clearly Do Not Understand Patent Law

      The chips are most likely infringing diddly squat until they are put into use, after all a lot of these are "wireless connection to something else". Well until the chip is powered up, it not connecting anything to anything.

      Just a guess mind.

  8. Peter Johnston 1

    The bullies don't like their own methods. Apple has been feral with its IP for decades - back to the NEXT days. Intel, of course, is well known for shutting AMD out of the chip market by bribing partners to go Intel only - also for decades. Both got only a slap on the wrist from the government.

    Now China is standing up to these bullies. This will define tech for the next generation. If the US wins, tech will stop moving forward, if the US loses, it will lose control. Lose, lose. But we win.

  9. John Savard

    Childish?

    Qualcomm wants royalties based on the cost of the whole phone, not just on the cost of the chips in it that use their patented technology. I can quite understand why Apple - a seller of premium-priced phones - is digging in its heels and finding that unreasonable.

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