The recommendation of ITC's Unfair Import Investigation Bureau (also known as "ITC staff") was Mr. Florian Mueller on Monday at a hearing on QUALCOMM's second complaint to Apple Patent of FOSS.
Specifically, the staff's lawyers discovered that Qualcomm's three leveraged patents were effective, but Apple did not infringe them.
Qualcomm failed to establish a domestic industry with any of its patents, which is obliged to prove violation of Article 337 of the customs law in 1930. ITC 's immediate response is a survey based on last year' s article 337 article. In order to meet the procedural requirements, QUALCOMM has to prove that there is a US industry in relation to the product in question (in this case the baseband processor).
Finally, the ITC staff noticed that the US proposed import bans that QUALCOMM asserted adversely affects the competition in the tape processor market. It may adversely affect the production of alternative equipment.
When executed, Qualcomm prohibits the sale of iPhone models equipped with Intel baseband chips that sell only models equipped with Qualcomm chips. Mueller says that this strategy is being used to circumvent ITC public interest considerations.
"Since QUALCOMM is currently the only major competitor faced in the baseband chip market is Intel, I always felt that this tactical strategy was not helping to alleviate the problem.Mueller said" Profits ". "From the antitrust point of view, this has no doubt made the situation worse.
ITC officials work as neutral third parties, but administrative law judges often judge their recommendations. According to Mueller, these opinions are often adopted by the Committee and the Committee makes a final decision.
Qualcomm 's CEO, Steve Molenkopf, Bloomberg Tuesday, he said he was seeing a settlement on the horizon.
"We are concerned about conflict …
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