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Apple takes advantage of Qualcomm silence in patent infringement lawsuit

Friday, September 14, 2018 9:18 AM | Deleted user

Apple and Qualcomm are at odds and find themselves in court due to patent infringement. Qualcomm says that Apple has violated certain patents and deserves to pay. And yet, it’s interesting to see Qualcomm accuse Apple of patent infringement, yet refuse to argue this very thing in court.

That is the case in Qualcomm’s pre-trial motion, according to tech site GSM Arena. Qualcomm had an opportunity to argue Apple’s patent infringement but chose not to. Then, after the judge pointed out Qualcomm’s tactical error, the chipmaker changed its mind — though Apple said it was too late at that point. The judge agreed.

QUALCOMM’S COUNSEL KNOW THAT IN A DECLARATORY JUDGMENT ACTION BY A LICENSEE AGAINST A PATENTEE SEEKING AN ORDER OF NON-INFRINGEMENT, THE PATENTEE, QUALCOMM, BEARS THE BURDEN OF PERSUASION OF INFRINGEMENT. […] QUALCOMM MADE THE TACTICAL DECISION NOT TO ASSERT INFRINGEMENT AND THUS AVOID CERTAIN DISCOVERY OBLIGATIONS AS MENTIONED ABOVE. IN ITS EXPERT DESIGNATIONS, QUALCOMM CHOSE NOT TO DISCLOSE THAT CERTAIN EXPERTS EXPRESSLY WOULD OPINE ON INFRINGEMENT AND ASSERT THAT PLAINTIFFS ARE INFRINGING PATENTS-IN-SUIT. QUALCOMM WILL BE HELD ACCOUNTABLE FOR THE CONSEQUENCES OF ITS TACTICAL DECISIONS,

a source says.

Qualcomm-Apple patent lawsuit

For those who may not be familiar with the case, Qualcomm says that Apple is violating certain patents it owns and should pay the chipmaker royalties for patent infringement. In return, the world’s first trillion-dollar smartphone maker says that it isn’t guilty of any patent infringement because the patents Qualcomm has put forth are nothing new.

Qualcomm’s problem: a change of heart against Apple

When one is in the right and must go to court to fight for the truth, it pays to have a sound strategy that remains consistent through and through. This is something the chipmaker has not paid much attention to over the years. And it is a problem that any judge could catch on any day of the week.

Qualcomm should have set out to do what any company would in its shoes: argue that Apple is guilty of patent infringement, state what the patents are, and show how Apple’s iPhones infringe on Qualcomm technology. That’s a simple strategy; not difficult. And yet, Qualcomm may have had to give away too much of its personal secrets in order to make the case. If that were so, judges could see the patents for what they are and evaluate them accordingly. And perhaps Qualcomm didn’t want that to happen. Maybe, just maybe, Apple is correct about these so-called patent infringements. And yet, one can’t do away with sound strategy, then utilize it again. Consistency mandates that you argue what you argue and you maintain your claim at all costs — no matter how much they may hurt you legally.

Qualcomm’s refusal to argue Apple patent infringement is suspicious and makes the case somewhat pointless

Qualcomm may have a case with its claim, but to not present it in court as part of its winning strategy does seem suspect and suspicious. Of course, the chipmaker can still argue that Apple’s iPhones violate essential patents. However, to fail to present its patents in transparent manner would make anyone (not only the judge) suspicious. When companies choose to sue other companies in court, then hide their “deck of patents,” it looks as if they want to merely throw rocks and hide their hands. It could be said that Qualcomm is merely suing Apple “for lawsuit’s sake” rather than to force the fruit company to adhere to a moral truth about respecting the work of others.

There’s no telling where the Qualcomm-Apple battle will go, but know that patent infringement cases occur in courts across the world all the time. In some cases, those lawsuits are designed to attack a company financially, often a rival. Money and rivalry explains why the fruit company and Samsung will remain lawsuit foes. Perhaps the Qualcomm case is different, but there’s always a kernel of doubt in patent cases. Always.

Source: https://www.mysmartprice.com/gear/apple-wins-motion-qualcomm-tactical-error/

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