Post by Dave on Jun 28, 2022 0:53:30 GMT -8
Good morning. Where will this roller coaster ride take us today?
SCOTUS declines to upset the Apple cart
From the comments section.
SCOTUS declines to upset the Apple cart
The U.S. Supreme Court on Monday declined to hear Apple Inc’s bid to revive an effort to cancel two Qualcomm Inc. smartphone patents despite the global settlement of the underlying dispute between the two tech giants…
The parties settled their litigation in 2019, signing an agreement worth billions of dollars that allowed Apple to continue using Qualcomm chips in iPhones. The settlement also featured a license to tens of thousands of Qualcomm patents, including the two at issue, but allowed the patent board case to continue…
The justices turned away Apple’s appeal of a lower court’s ruling that the Cupertino, California-based company lacked standing to pursue the matter because of the settlement. Apple had argued that it should be allowed to appeal because San Diego-based Qualcomm could sue again after the settlement ends…
Apple told the Supreme Court that it still faced the risk of litigation after the agreement expires in 2025, or in 2027 if the settlement term is extended. Qualcomm already sued once, has “not disclaimed its intention to do so again,” and has a “history of aggressively enforcing its patents,” Apple said.
The parties settled their litigation in 2019, signing an agreement worth billions of dollars that allowed Apple to continue using Qualcomm chips in iPhones. The settlement also featured a license to tens of thousands of Qualcomm patents, including the two at issue, but allowed the patent board case to continue…
The justices turned away Apple’s appeal of a lower court’s ruling that the Cupertino, California-based company lacked standing to pursue the matter because of the settlement. Apple had argued that it should be allowed to appeal because San Diego-based Qualcomm could sue again after the settlement ends…
Apple told the Supreme Court that it still faced the risk of litigation after the agreement expires in 2025, or in 2027 if the settlement term is extended. Qualcomm already sued once, has “not disclaimed its intention to do so again,” and has a “history of aggressively enforcing its patents,” Apple said.
From the comments section.
Brian Loftus said:
Not exactly. IANAL but as I read it – Apple and Qualcomm have a licensing agreement that covers multiple patents including these 2. The law allows for patents to be challenged even if there is no pending litigation. Otherwise, the only way to challenge a patent would be to risk triple damages. The Appeals court did not allow the challenge because the licensing fees would not change even if Apple prevailed. This was the issue at hand. In general, the Supreme Court does not take changes to “right wrongs” but rather when there are disagreements in the different court circuits as everyone is entitled to operate under the same federal law.
Not exactly. IANAL but as I read it – Apple and Qualcomm have a licensing agreement that covers multiple patents including these 2. The law allows for patents to be challenged even if there is no pending litigation. Otherwise, the only way to challenge a patent would be to risk triple damages. The Appeals court did not allow the challenge because the licensing fees would not change even if Apple prevailed. This was the issue at hand. In general, the Supreme Court does not take changes to “right wrongs” but rather when there are disagreements in the different court circuits as everyone is entitled to operate under the same federal law.