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Qualcomm says Apple, others owed billions in royalties

SAN DIEGO (CN) – A lawyer for telephony equipment Qualcomm claims on Friday that Apple and other contract manufacturers pay…

SAN DIEGO (CN) – A lawyer for telephony equipment Qualcomm claims on Friday that Apple and other contract manufacturers pay more than $ 7 billion in royalties to use their smartphone technology.

Qualcomm attorney Evan Chesler with New York-based Cravath Swaine & Moore summoned comments he made in 2017 to highlight the urgency to solve the ongoing conflict between telephony giants.

“They are $ 7 billion behind royalties,” said Chesler.

The house was on fire, it has been burning for two years and now there is $ 7 billion in property damage, “he added, proposing” we must have a trial. “

Friday’s hearing before US District Director Gonzalo Curiel was involved in a dozen lawyers for Qualcomm, Apple and contract manufacturers like Compal Electronics – all gathered to debate Qualcomm’s proposal to partially reject the antitrust case.

Last month, a judge in San Jo saw a federal class act in a similar case due to claims customers paid more for smartphones because Qualcomm encountered the price of its chipset used in cellular communications.

Qualcomm has also been hit with a $ 1.2 billion antitrust funding by the European Union and is facing a trial by the US Federal Trade Commission. [19659002] Apple’s lawyer Ruffin Cordell with Washington-based Fish & Richardson argued Friday “The grave of what Qualcomm is after is to avoid reviewing their patents.”

“They were deadly afraid of this court or any court will judge the exhaustion of their patents,” Cordell added and noted if the court determines any of the nine patents currently in the matter is exhausted “it will have a profound impact on the relationship between parties. “

Cordell said that about 73 percent of Qualcomm’s portfolio – covering 130,000 patents – is exhausted and Apple and others want to recover funds they have on ID Qualcomm for patent invalid, have not been violated or exhausted.

Chesler claimed that the key issue is that licensing agreements between technology giants and not necessarily patents are individual. Qualcomm submitted the proposal to reject the lack of jurisdiction field after US referee Mitchell Dembin last month granted Apple and contract manufacturers decision to submit parts of Qualcomm’s expert opinion on infringement in connection with the nine patents currently in force.

Following Dembin’s order, Qualcomm issued an explicit federation for not claiming the nine patents, which gave the 56 claims relating to the non-breach of the patent moot, invalidated and observed, according to Chesler .

Curiel changed if he rejected The claim requested by Qualcomm after agreeing to disagree with Apple and the other over the nine patents in the costume, the parties should be allowed to change their complaint in order to possibly add additional patents in their case.

Chelser wholeheartedly rejected this scenario. [19659002] “We are not involved in game performance. We always thought that this was a license issue and not a patent dispute. It is a dispute about the value of our portfolio and why they do not pay royalties. It’s too late to change the complaint to include additional patents. “

Another hearing in the case is scheduled for November 9th.

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