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21 Aug 2020, 1:26 pm by Florian Mueller
As no one would have doubted, the iPhone maker opposes the Fortnite and Unreal publisher's motion in the strongest terms (this post continues below the document): 20-08-21 Apple's Respon... by Florian Mueller on ScribdWith respect to Epic's claim of suffering irreparable harm unless the court grants its motion, Apple's opposition brief is consistent with a statement it provided to The Verge a few days ago. [read post]
11 Dec 2019, 10:24 pm by Florian Mueller
At this point they might even still get a Dusseldorf case merged for case management purposes (though technically retaining a separate case number) with Huawei's case.Finally, here's Judge Koh's order, which is the end of the California road for this case:19-12-11 Order Granting Ava... by Florian Mueller on ScribdFollow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
14 Apr 2020, 3:43 am by Florian Mueller
Delrahim will likely continue to make such disgraceful and distateful filings with courts all across the United States, unless and until he gets replaced.Finally, here's the Apple-Intel brief:20-04-13 Apple Intel Respon... by Florian Mueller on Scribd Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
20 Jun 2017, 12:39 am by Florian Mueller
Under a May 30 court order, Apple has a couple of deadlines today (June 20) in its antitrust/patent litigation in the Southern District of California, and when double-checking on the deadline, I just noticed that Apple made one filing one day in advance--a motion to dismiss Qualcomm's unfair competition counterclaim based on the allegation that Apple hobbled, throttled or whatever one may call it its iPhones that come with Qualcomm chip in an effort to make Intel's chips appear equally… [read post]
31 Jul 2019, 1:39 pm by Florian Mueller
Moti... by Florian Mueller on ScribdThe motivation for this is not in the above motion, which instead states all sorts of largely or entirely pretextual reasons for the desired transfer from the Northern District of California (in this case, San Jose) to the Northern District of Texas (which practically means Dallas). [read post]
5 Jun 2017, 6:33 am by Florian Mueller
Dismissal of FTC Complaint by Florian Mueller on ScribdOne of the alleged insufficiencies of the FTC's complaint is that the FTC's complaint refers to "elevated" royalties instead of using the term "above FRAND" (as Qualcomm suggests). [read post]
13 Dec 2018, 9:47 pm by Florian Mueller
Post-discovery Events by Florian Mueller on ScribdIn late October, Qualcomm brought a motion to introduce evidence related to post-discovery (i.e., post-March 30) events that the wireless chipset maker believes weigh against the FTC's pursuit of an injunction:Intel's growing business with Apple (a design win related to the entire range of next-generation iPhones, though Intel, as the ruling notes, already had a chipset supply deal in place with Apple well before the… [read post]
1 Sep 2018, 8:47 am by Florian Mueller
The trial might not even take place: after such a strategic breakthrough for the FTC, Qualcomm would be under significant pressure to settle.After assessing the potential impact of this motion, let's take a look at the basis on which the FTC is trying to make such tremendous headway (this post continues below the document): 18-08-30 FTC Motion for Partial Summary Judgment Against Qualcomm by Florian Mueller on ScribdIn a legal sense, the motion is as narrowly tailored as it… [read post]
17 Sep 2018, 12:44 am by Florian Mueller
But the Sidley team representing Huawei has filed something that will make the Federal Circuit hearing (date TBD) more interesting than I would have previously thought (this post continues below the document): 18-09-06 Huawei Reply Brief (Antisuit Appeal) by Florian Mueller on ScribdI still doubt that the argument about whether the Ninth Circuit Gallo test replaces all of the Supreme Court's Winter preliminary-injunction criteria or only the irreparable-harm factor will be… [read post]
22 Feb 2021, 4:28 pm by Florian Mueller
My own complaint against #Apple incorporates several pages from that paper by reference (market definition etc.). https://t.co/SO1IZ5kTKz— Florian Mueller (@FOSSpatents) February 20, 2021 Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
28 Jun 2017, 3:35 am by Florian Mueller
Seriously, I've never been happier about a decision from the Northern District of California than this one (this post continues below the document): 17-06-26 Order Denying Qualcomm Mtd by Florian Mueller on ScribdHere's a total non-starter to begin with:"Qualcomm contents that FTC's allegations of above-FRAND royalties are nonetheless contradcited by the fact that the Complaint also alleges that Qualcomm has historically collected a royalty rate of 5%, and… [read post]
12 May 2017, 1:28 pm by Florian Mueller
The Federal Trade Commission (FTC) has just responded to Qualcomm's motion to dismiss its antitrust complaint in the Northern District of California (this post continues below the document): 17-05-12 FTC Opposition to QCOM Motion to Dismiss by Florian Mueller on ScribdI published Qualcomm's motion in early April (toward the end of this blog post) and wrote at the time that Qualcomm would hardly get rid of the FTC case altogether. [read post]
5 Dec 2014, 12:58 pm by Florian Mueller
Arista Copyright Infringement Complaint by Florian Mueller If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
22 Nov 2019, 9:36 pm by Florian Mueller
Late on Friday, the Federal Trade Commission (FTC) filed its answering brief to Qualcomm's appeal (this post continues below the document):19-11-22 FTC Answering Brie... by Florian Mueller on ScribdThe part I'm most interested in--as always in this context--is chipset-level licensing. [read post]
5 Oct 2019, 11:09 am by Florian Mueller
In that regard, Conti appears to be in pretty good shape, and its opposition brief is thoroughly researched and persuasive (this post continues below the document):19-10-04 Continental Opposi... by Florian Mueller on ScribdThe most interesting allegation is that of an "overarching conspiracy to boycott upstream suppliers like Continental. [read post]
16 Apr 2018, 5:48 am by Florian Mueller
., where a trial is scheduled for December (this post continues below the document): 18-04-13 Order Granting Samsung Antisuit Injunction Against Huawei by Florian Mueller on ScribdAs I had already predicted on the basis of the motion, Judge Orrick concluded that any differences between the fact pattern of Huawei v. [read post]
11 Jul 2017, 2:42 am by Florian Mueller
It's the usual deny-everything-that-is-not-110%-undeniable thing, but I'll highlight two aspects that I believe are going to be interesting as the case unfolds (this post continues below the document): 17-07-10 Qualcomm Answer to FTC Complaint by Florian Mueller on ScribdIn paragraph 17 of its complaint, the FTC described (in addition to stating Qualcomm's legal domicile and some financials) Qualcomm's corporate structure as follows:"Qualcomm's… [read post]
29 Aug 2018, 10:32 pm by Florian Mueller
Things aren't going well for Qualcomm, even though it escaped an antisuit injunction for now (this post continues below the document): 18-08-29 Order Denying Antisuit Injunction Against Qualcomm by Florian Mueller on Scribd14 months after Judge Koh's world-class order denying Qualcomm's motion to dismiss the FTC's antitrust complaint, her positions on the (anti-)competitive dynamics at issue haven't changed. [read post]
7 Jul 2017, 8:05 am by Florian Mueller
Apple Patent Infringement Complaint by Florian Mueller on ScribdQualcomm also published an infographic on the six patents-in-suit (PDF), which stresses a point made in the press release: the six patents Qualcomm is asserting are, according to its holder, not essential to an industry standard. [read post]
13 Apr 2017, 3:58 am by Florian Mueller
A joint case management statement filed yesterday by the FTC and Qualcomm--"joint" in terms of being a single document despite virtually zero convergence on substantive questions--in the Northern District of California shows that Qualcomm is indeed concerned about how the various parallel proceedings could influence each other.First, the filing (this post continues below the document): 17-04-12 FTC-Qualcomm Joint Case Management Statement by Florian Mueller on ScribdThe… [read post]