Apple Found To Infringe On 1 Qualcomm Patent; US ITC Will Not Ban iPhone Imports

A bit over a year ago, Qualcomm started the process of suing Apple at the US International Trade Commission (ITC) over alleged patent infringement. At the time, Apple was accused of violating six Qualcomm patents, ranging from power-saving technology to processor design. And while the case is far from over, according to Reuters the ITC has delivered its initial determination, finding that Apple has violated one of the six patents. Importantly, however, the ITC has also ruled that they will not be imposing an import ban, as Qualcomm originally requested.

All told, Apple stands accused of violating multiple Qualcomm patents due to a complex intermix regarding the use of Intel modems in their phones. Qualcomm’s case does not directly accuse the Intel modems of being infringing, but does claim that the resulting implementation in Apple’s phones violates those patents. Apple in turn pays royalties relating to these patents for phones using Qualcomm’s modems, but not on phones using the Intel modems.

This latest development comes as the ITC has slowly whittled the case down over the past year. While Qualcomm’s complaints originally involved six patents, earlier this year half of the patent claims were removed from the case, leaving just three patents.

The ITC, in turn, has ruled today as part of its initial determination that Apple has indeed violated a Qualcomm patent, albeit just one of those remaining patents – what Reuters calls “related to power management technology”. We’re waiting on the ITC to publish the formal decision in order to confirm which specific patent it was, as all three remaining patents are related to power efficiency.

Update: The US ITC has since published the Initial Determination. Apple has been found to infringe on claim 31 of the '490 patent. This claim covers "wherein the modem processor is further configured pull data from the application processor after transmission of the modem processor to application processor data and before the interconnectivity bus transitions from an active power state to a low power state."

Notably however, this initial determination is not final, as it's part of the longer trial process for the ITC. The case will next go in front of the entire commission, who will be reviewing the findings. The commission, in turn, can either agree with the findings or send it back for further review, so the case is far from closed. However for the moment, having avoided an import ban, this is essentially a win for Apple, and both they and Qualcomm (and Intel) are treating it as such.

The initial determination in this case comes as Apple has begun phasing out Qualcomm modems entirely. The latest iPhone XS models are powered solely by the Intel modems, which for Qualcomm makes the issue all the more important as Apple will be importing an ever-larger number of potentially infringing phones.

Ultimately the current case will likely be resolved in 2019, assuming that there are no appeals. The ITC has set January 28^th, 2019 as the target date to complete the investigation.