What is real
is not external form.



CONSTANTIN BRANCUSI

Tech battle of the decade: Apple vs. Qualcomm on IP rights

28.02.2019


The IP industry often generates and manages conflicts between smaller or larger companies willing to defend their intellectual property rights and everything related to them. Thus, wars are born that can stretch over prolonged periods of time, especially when giant companies, with powerful financial resources, that operate in several jurisdictions are involved.

A relevant case in this respect is Apple vs. Qualcomm case, two American companies that have had a successful partnership for a long time, centered on the well-known iPhone. The first developed the interface and software, and the latter have provided the hardware. Nevertheless, Qualcomm has sued Apple, on many occasions, for patent infringement in the use of communications technology for which they claim that Apple has not paid and does not own copyrights. The technology provider claims that Apple continues to use its technology for the smartphones produced, although they are not entitled to do so. In its defense, Apple said that the patents in question were used for older iOS versions, and therefore the recent versions used for smartphones do not violate Qualcomm patents.

Apple declared that for the recent models, it has been using technology acquired by Intel, none other than the Qualcomm’s competitor. On a first glance, it would seem that the problem can be solved, but that is far from the truthOn the contrary, at the beginning of 2019 Qualcomm accused Apple of giving Intel access to their technologies to make them able to enhance the performance of Intel’s chips on iPhones.

Qualcomm’s demand is that Apple should stop selling the smartphones that use technology for which they refuse to pay and do not own any rights. It is now up to the courts to decide a resolution in this case after an expertise is carried concerning how much of Qualcomm’s claims are proven to be true. Meanwhile, for Apple to stop selling certain iPhone models instantly, Qualcomm is required to make a $765 million deposit to cover Apple’s damage if the allegations prove to be unfounded.

 

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Auditory Trademark, a Branding Tool

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