As Apple's trial with Qualcomm is approaching, the chipmaker is gathering as many arguments against the Cupertino giant as to justify a possible ban on iPhones imported into the United States again.
Qualcomm is now trying, along with the United States International Trade Commission (U.S. International Trade Commission), reverse Judge Thomas Pender's ruling last September not to ban the importation of iPhones into the US despite Apple's infringement of one of the manufacturer's patents, as Reuters.
Generally, such infringement alone would be sufficient to determine the banning of devices covered by such a patent; however, Pender chose to maintain imports since in this case this would not be of “public interest”. That is, banning iPhones that violated Qualcomm's patents would give the manufacturer "monopoly on the wireless modem market," and "preserving a competitive market was the most important issue," according to the judge.
Qualcomm rebutted that decision on the basis of an Apple allegation (which it launched last October a software fix that resolved patent infringements). More precisely, this update refers to iOS 12.1, released at the same time, which apparently altered the “power management techniques” of iPhone modems to circumvent Qualcomm's technology. The chipmaker claims that this may have influenced Pender's decision.
As for banning iPhone imports, ITC had decided last December that it would review Pender's decision to depend on three factors: how long it would take Apple to make changes to iOS; what are the national security risks that could arise from this ban; It is feasible to implement a ban only on the affected models.
Apple, however, has asked ITC to wait at least six months (starting last October) before deciding to stop importing iPhones, which would take the company time to verify that software patching would solve all patent issues. Qualcomm. The ITC is expected to release its final decision by the end of next month, which may (or may not) be reversed at the April trial. We'll see.