Wednesday , December 8 2021

Apple Qualcomm "Palace Fight" continues to upgrade Branschanalys: the final will be a package of agreement between the two sides – Financial News




inQualcommGradually,appleAlso in step by step.

In response to the Fuzhou Court's approval of Qualcomm's request, Apple issued a ban on the ban, and eventually Apple acknowledged that it could be a violation. But after the ban was issued, Apple stopped selling iPhone alone, but instead tried to prevent the model before iPhone X sold in China to be banned.

The economic observer's online reporter learned that Apple said on December 14 that it will upgrade all iPhone that violates Qualcomm patents in China.

Although Qualcomm still emphasizes that Apple can not eliminate the problem by upgrading the system, but has been involved in science and technology, and Dr. Deng Chao, a Beijing-based Weibo law firm that has focused on intellectual property issues for more than ten years, told Economic Observer Online. The ban will be issued because Qualcomm accused Apple of violating its two patents, and Apple upgraded the system, not only to avoid the two patents, but also to circumvent the ban. "

In fact, Apple's "countermeasure" has not been interrupted after the system upgrade method.

Based on the fact that Heshuo and Qualcomm have signed a patent license agreement, the content includes the two core patents in the iPhone ban on Qualcomm applications. In addition, iPhones produced by Foxconn and Wistron did not pay royalties, but they were directly in the ban, while Heshuo was excluded from the ban. Therefore, Apple has caused major losses to avoid the ban. Decided to transfer some orders to Heshuo.

Economic Observer Online reporter learned that Qualcomm also realized that Heshuo has permission of two patents and is positive about the ability to abstain from the ban.

It is reported that Apple and Heshuo negotiate production orders and other issues to reduce the losses caused by the ban. According to Deng Chao, the reason Heshuo will be exempt from the ban, in addition to the agreement with Qualcomm, will soon establish a production line factory in Fujian and the interest rate ratio is extremely complicated.

But from Apple's above-mentioned series of measures, it is known that it minimizes the loss of the Chinese market to ensure that the negative impact of sales and production is minimized.

"Going to high passes"

After adopting Qualcomm patents on the baseband chip for many years, Apple, who only wants to pay the patent fee, is dissatisfied with the "overlord clause" Qualcomm needs to pay for the share of the mobile phone's total value. "Reluctantly, you choose to give up Qualcomm" Get out of the way "Intel.

The economic observer's online reporter learned that Apple gave all iPhone baseband orders to Intel 2018. As the primary competitor to Qualcomm, Intel has further improved its base-band manufacturing capabilities using Apple. Apple, who went to Qualcomm, became frightened Qualcomm, which allowed the latter to file a complaint with the US Supreme Court in October this year, and accused Apple of incurring $ 7 billion patent costs.

The repayment of patent fees has always been a long-term war. It has not brought any profit or loss to Apple. Qualcomm is "urgent".

On the evening of December 10, Qualcomm announced that the Fujian Intermediate People's Court granted Qualcomm a ban on Apple's four Chinese subsidiaries, requiring Apple to immediately terminate the two Qualcomm patents, including imports in China. Selling and promising to sell offensive products for unauthorized products. Related products include iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X.

Economic Observer Online reporters noted that, although Qualcomm asked the court to ban Apple's latest mobile phone, but from the temporary ban on the complaint, it only affects the mobile phone model running the iOS 12 system under the iPhone, most recently after Apple's Autumn Conference Products, iPhone XS, iPhone XS Max and iPhone XR will not receive system pressures or prohibitions.

Why choose Fuzhou Intermediate Court?

The economic observer's online reporter was told that in July 2017, the Fuzhou Intermediate People's Court in the case of Jinhua v. Micron's patent infringement proceedings prohibited Micron from importing and selling different SSDs, memory modules and related chips. This time, Fuzhou Intermediate People's Court A ban issued by Apple was once again a ban on industry.

"The ban on prohibition and prohibition in the trial has some meanings of unexamined first judgment, so the courts are generally very careful before issuing a formal verdict." Deng Chao said in an interview with a reporter from Economic Observer Online that Qualcomm v. Apple The ban on the trial "has a large number of influences and greater influence." With the exception of the latest iPhone products, most mobile phone models are within the ban. He revealed: "It has been reported that Qualcomm has paid a 300 million yuan guarantee for this ban."

The reason that Fujian Intermediate People's Court was considered by Qualcomm in the choice of jurisdiction, in Deng Chao's opinion, although Fuzhou (including other parts of Fujian) intellectual property courts are not many people, the court's professional ability can not be included north and Guangzhou It is comparable to the other places, but "from the latest series of judgments and judgments, Fujian is very friendly to patent holders and has the potential to become a popular patent jurisdiction." Deng Chao believes that the majority of rights holders choose jurisdiction and patent law. At that time, the Fuzhou Intermediate People's Court must be within the preferred consideration of right-holders and lawyers. "It was unthinkable a few years ago."

Deng Chao also told reporters that "there are many lawsuits with Beishang Guangshen, and the delay is very different. The court in Fujian as the Court of First Instance for patent law can get the verdict faster. (Because the second instance is in the Supreme Court, it is in other instance. no difference in level.) "

In contrast to this decision, Apple originally stated that "Our customers in China can still buy all models of the iPhone … We will exercise all our legal choices through the courts."

But as a professional Deng Chao pointed out that "in fact, there are not many legal options available to Apple." The economic observer reporter also learned that the defendant could not appeal but could only accept the ban. The application for re-examination within ten days after the decision was taken and the decision under review ceases not to apply. "The ban will not be lifted because of a counter guarantee." Deng Chao said.

In the past, Deng Chao also made a condemnation. "The ban on the trial issued by the Fuzhou Intermediate People's Court will be a real problem." In his opinion, if Apple does not ban the ban, it will undoubtedly put Fuzhou Intermediate Court in a difficult position. "It will hurt the judiciary's authority."

Today, in the real development situation of the Engaged Country, only Apple Electronics Trading (Beijing) Co., Ltd. Fuzhou Taihe Branch has signed the decision, including Apple Computer Trading (Shanghai) Co., Ltd. and Apple Electronics Trading (Beijing). The three companies, including the company and Apple Trading (Shanghai) Co., Ltd., refused to sign the decision, and Apple has not stopped selling offensive products.

Deng Chao told reporters that "the ruling was performed after delivery and most of the Apple companies involved in allegations did not get the decision, which is also a way for Apple to delay time." In addition, he also pointed out that Apple has announced that it will be The system is upgraded so that there is no legal problem even if the decision is not accepted.

Apple with "experience"

Apple is not the first trial of patent infringement. As early as 2009, Apple once dominated by mobile phones.NokiaComplained overriding 10 patents, unlike today, Apple chose to confuse it, and anti-biting Nokia also violated 13 patents. This trial has been played for almost 8 years before it ends with "reconciliation" – Apple within three months Nokia stopped paying $ 2 billion in cash.

Of course, the economic observer reporter learned from public information that only Apple has participated in dozens of trials because of patent issues. During these years of litigation or commercial disputes, Apple has also "practiced" the experience – even the length of the trial is lengthy, and eventually the intruder can also be solved by cash payment or otherwise.

Deng Chao also believes that Qualcomm's core appeal in Qualcomm v. Apple's patent is to ban Apple's iPhone and thereby gain a dominant position in the negotiations, which forces Apple to accelerate negotiations.

"However, Qualcomm can not use basic basic patents like 3G and 4G communications to prosecute, as the standard organization, when assuming Qualcomm patents, requires its right-holders to provide them with fair, reasonable and non-discriminatory principles. The patent is part of the standard organization." Deng Chao believes that although the generic basic patterns will sue Apple, the latter can not be reviewed, but the former can not get a ban. So Qualcomm chose a non-technical patent related to the graphical user interface to sue Apple, in other words: "I want Apple to take the money, but not life."

In addition, Deng Chao also pointed out that the decision pointed out that Apple's graphical user interface infringed Qualcomm's patent. When Apple first upgraded the system and circumvented the issue, it would of course not violate Qualcomm's patent protection.

"Apple has circumvented this patent or simply did not use this patent through software upgrades. In theory it can still be achieved." Deng Chao told Economic Observer Online that "Qualcomm is really not happy, which corresponds to Apple's first recognition of infringement. Later, there was no patent to escape punishment."

From the development of the current patent infringement conflict, in response to the sale ban, Apple specifically stated two points: First, we have good reason to believe that our products are met, "but to resolve all possibilities. Due to our agreement, a software update will be sent to users in China at the beginning of next week, "to resolve the secondary features of the two patents involved in this case." Secondly, Apple has already transferred to the Fuzhou Intermediate People's Court for re-examination.

As an answer, Apple showed its sincerity, but did not mention the product. It is not clear that the patent will not give up the entire mobile market's profits and will not give up the Chinese market by up to 20% of revenues.

Economic observerJingdongThe party learned that even after the ban was issued, Apple's mobile products were not affected by Apple's official flagship store on Jingdong's e-commerce platform. Jingdong also revealed to reporters that it still communicates with Apple at any time. Keep an eye on developments.

Following Apple's re-evaluation, Qualcomm also began to enforce a ban on processing, which also led to a continuous escalation of development.

Although the current situation has no chance of reconciliation, but according to Dengo's view, time is not certain, but the final result will be a settlement package between Qualcomm and Apple. "A commercial dispute between the two sides is fundamentally Mutual hope to take a positive position in the negotiations."

In response to the next development of the situation, Deng Chao said he continues to pay attention. At the end of the interview, he also told reporters that "there will be a patent infringement case next week, which is a case where the inventor sued Apple."

Contrary to the patronage of the giants, although individual rights holders seem small, it should not be underestimated that Apple's response to "experience" is already rich.

(Article Source: Economic Observer Network)

(Editor: DF406)

Source link