Florian Mueller, the founder of the FOSS Patents blog, is a competition-focused intellectual property activist-turned-analyst with 25 yrs of industry expertise.
RT @schestowitz: Prior to settlement, Apple got Qualcomm's German fake patent injunction lifted: appeals court deemed it likely flawed http…
RT @woelken: Und los geht's. Gestern wurd die #CopyrightDirective unterzeichnet, aber noch nicht veröffentlicht, geschweige denn in nationa…
Prior to settlement, #Apple got #Qualcomm's German fake #patent injunction lifted: appeals court deemed it likely flawed http://bit.ly/2ZfIhZg #aaplqcom #patents #qorvo The appeals court has, on a preliminary basis and in different words, validated my "fake injunction" label.
RT @PatentJosh: To me it seems far more likely that Intel, who probably had this plan ready to go in case the ITC review in 1065 went again…
RT @PunditPatent: $QCOM The global settlement with APPL gets rid of all of the litigation between APPL and QCOM -- but it does not resolve…
#Apple and #Qualcomm settle their #antitrust #FRAND #patent dispute: clash of #California tech giants is amicably resolved http://bit.ly/2IzKR6A #aaplqcom Including jury deliberations, the trial could've lasted > 1.5 months. This way ended peacefully after 1.5 days.
On Apple's website: https://www.apple.com/newsroom/2019/04/qualcomm-and-apple-agree-to-drop-all-litigation/ New license agreement, new chip supply agreement. So the #aaplqcom trial will end once the jury is back and Judge Curiel dismisses the jury.
CNBC quotes a joint #Apple-#Qualcomm statement on #aaplqcom settlement. According to that one, it truly is over, so I guess Judge Curiel will dismiss the jury in a couple of minutes. I'm happy for the parties AND the jurors. This would have been a tough one for them to handle!
Assuming CBNC is right and the settlement has been finalized (and they're not just trying to settleI, then they're probably just letting Chesler finish. He has 4 more minutes. And then I guess they'll tell the court it's over. #aaplqcom
On news of #Apple-#Qualcomm settlement, $QCOM up 10%. #aaplqcom Still QCOM's opening statement ongoing, but almost over. And that means the trial is (if CNBC is right) also practically over.
CNBC: Apple, Qualcomm settle royalty dispute, sources say https://cnb.cx/2V3d4Jt #aaplqcom Right now #Qualcomm's lead counsel has another 10 minutes to go with his opening statement. It may be the last statement here in this trial according to this CNBC story!
#aaplqcom If the news below is true, then this trial will be over any minute now! https://twitter.com/cfromhertz/status/1118226754013995008
#Qualcomm counsel Evan "Fire!" Chesler noted 6 mentions of "double-dipping" in #Apple's and CMs' opening statements. Flatly denies it. Says you buy chicken and you buy potatoes. Neither tech includes chip price nor vice versa. #aaplqcom All others sell chips *with* IP included.
RT @sharatibken: Chesler starts to talk about last month's patent trial against @Apple. But @Apple attorney objects and the judge tells him…
#Qualcomm counsel Evan "Fire!" Chesler just got cut off when he was going to talk about the three-patent cases here in San Diego. #aaplqcom That verdict is not a judgment; the professionals at the ITC reached opposite conclusions; and the USPTO's PTAB doubts validity of patents.
#Qualcomm counsel referring to 2009 #Apple memo considering $QCOM's cellular SEP portfolio the strongest one. #aaplqcom In #FTC case, #Ericsson, with reference to the more recent (not 10-yr.-old situation) testified theirs and likely #Nokia's portfolios stronger.
RT @sharatibken: .@Qualcomm has spent $50 billion on R&D. Chesler is now talking up its efforts in 5G. "What Qualcomm enables phones to do…
Evan "Fire!" Chesler: "Who's the leader in #5G? #Qualcomm." Well, in the #FTC case they didn't want to be seen as too much of a 5G leader because of relevance to the court's analysis of prospective remedies (injunctions) :-) #aaplqcom
A déjà-vu from the #FTC case: #Qualcomm telling its entrepreneurial success story (long before the period at issue in the FTC and #Apple cases), claiming "no monopoly." #aaplqcom Prof. Shapiro explained quite well: before companies abuse a monopoly, they do something brilliant.
Yes, he said that, and it's egregious because what he refers to is the "phone" part of "smartphone", not the "smart" part in terms of personal information management, other productivity stuff, cameras, games, education, displaying web pages etc. #aaplqcom https://twitter.com/sharatibken/status/1118220706070667264
Evan "Fire" Chesler: "What would your iPhone be worth if you walked five feet to the right and your phone died?" He means handover between base stations. Claims #Qualcomm not getting paid for it. #aaplqcom I've seen many non-$QCOM handover #patents incl one litigated by Huawei.
As in #ftcqcom, it has now been stated in #aaplqcom that #Qualcomm's royalty cap is $13 per phone. What he means is 3.25% SEP royalty x $400 cap. Just so this is not misunderstood, they charge 5%, not 3.25%, if non-SEPs are included. De facto cap is thus $20.
Evan "Fire!" Chesler says he had a smartphone before 2007, so world didn't change with iPhone. He must mean something like BlackBerry or early Nokia/Symbian smartphones. We all know what happened to those :-) #aaplqcom
Judge Curiel, in the jury selection process yesterday, named the many companies who will testify here in #aaplqcom besides the parties: all major mobile players. Once the jury hears *others* complaint about #Qualcomm's practices (not just #Apple and the CMs), $QCOM has a problem.
Evan "Fire!" Chesler says #Qualcomm had to pay #Apple to buy their products. All that matters, however, is the balance. It's not like $QCOM paid $AAPL more than the other way round: it was a rebate on royalties, and tied to behavior (gag orders, exclusivity, anti-WiMax) #aaplqcom
RT @sharatibken: Hate to correct a lawyer (ha) but Chesler keeps saying that @Intel was the sole supplier of modems for iPhones since 2016.…
#Qualcomm counsel Evan "Fire!" Chesler mostly sounds like some conservative talk radio hosts who are described by others (not me!) as "angry old men" :-) Compared to him, counsel for #Apple sounded like a teacher, and counsel for the CMs like conference speaker. #aaplqcom
Evan "Fire!" Chesler started his opening argument (for #Qualcomm) coming across as a nice guy, talking about his 100-yr.-old mother; and meanwhile he's yelling and screaming while counsel for #Apple and CMs focused just on explaining in measured, low-key manner. #aaplqcom
#Qualcomm's lead counsel Evan "Fire!" Chesler portraying everything as an evil scheme by #Apple. But #Apple will presents some internal and external witnesses after these opening statements that explain why they had to take action against $QCOM's abusive practices. #aaplqcom
#Qualcomm's allegation that #Apple entered into license agreements to devalue $QCOM's portfolio through cheap comparables faces two issues: (1) no patent holder leaves money on the table (2) QCOM itself did many deals after cutoff date in FTC case to create evidence. #aaplqcom
#Qualcomm counsel Evan "Fire!" Chesler says #Apple's plan was to "devalue SEPs." #aaplqcom Claims Apple was in its own words "creating evidence" to identify most desirable deals and use as evidence as comparable in disputes with others. "Guess who the others are? Us." https://twitter.com/FOSSpatents/status/1118214588980289536
Evan "Fire!" Chesler, counsel for #Qualcomm, now talking about indemnity agreed upon between #Apple and the contract manufacturers in connection with royalty cutoff. #aaplqcom CMs are obviously just passing royalties through; indemnity is normal.
#Qualcomm counsel Evan "Fire!" Chesler still talking about royalty cutoff, now arguing #Apple's contract manufacturers recognized contracts (SULAs) as valid. #aaplqcom Says CMs wanted $QCOM to meet some obligations anyway. But #antitrust invalidation of contracts isn't binary.
Chesler (for #Qualcomm): Apr 1, 2017, royalty cutoff. "Not a dime." #Apple, largest tech company, could not be bullied by $QCOM, he says. However, market power is not a question of overall size. Many predators are smaller than their prey in nature and in business... #aaplqcom
Evan "Fire!" Chesler says #Qualcomm canceled projects and layoffs because of ceases payments when in reality business is in perfect health: stock buybacks worth tens of billions a year after Chesler told Judge Curiel "the house is on fire!" http://www.fosspatents.com/2018/09/one-year-after-telling-judge-its-house.html #aaplqcom
Evan Chesler, counsel for #Qualcomm, now says the case is about promises, about debts that haven't been paid. That is TOTALLY the opposite categorization of this case as the one #Apple proposed and Judge Curiel *decided* was accurate, see http://www.fosspatents.com/2019/03/san-diego-judge-apple-foxconn-et-al-v.html #aaplqcom
RT @joshua_sisco: @FTC @intel CM lawyer: CMs paid $31 bn for chips from 2010-2016, and 7-9bn (which could be tripled under antitrust law) a…
RT @sharatibken: "It’s like going into the store & buying Coke & paying Pepsi 5%," Doren says in opening arguments on behalf of @Apple's co…
Counsel for contract manufacturers says #Qualcomm told CMs: "trust us" when they questioned the value of the licensed #patent portfolio, such as whether some key patents had expired. No specifics provided by $QCOM, they just said they had so many and wanted to get $X. #aaplqcom
Contract manufacturers also hold patents, not hundreds of thousands, but hundreds *or* thousands, and #Qualcomm imposes free grant-back obligation on them, CMs' counsel says. #aaplqcom
Coke/Pepsi analogy now in contract manufacturers' argument in #aaplqcom: if Coke gets 5% anyway (that's the equivalent of #Qualcomm's patent royalty), why would one buy Pepsi (equivalent of chipmakers trying to compete with $QCOM). #aaplqcom
RT @sharatibken: Here's info about opening arguments so far in @Apple v @Qualcomm #aaplqcom: https://cnet.co/2ZflOLV
The issues that counsel for #Apple's contract manufacturers has to outline to the jury now will be considerably harder for them to follow, much less figure out, immediately than the ones raised in $AAPL's opening statement. But this way jurors get a rough outline. #aaplqcom
RT @ReedAlbergotti: Lawyer for Apple's manufacturers: When you buy a Qualcomm modem chip, "you get none of the giddy up" because you have t…
Keystone of (Bermuda) Triangle of #Qualcomm contracts is Subscriber User License Agreements (SULA), explains counsel for #Apple's contract manufacturers. CMs will testify on negotiations and attempts (failed each and every time) to get better terms than dictated ones. #aaplqcom
Contract manufacturers' counsel explains three contracts required of #Qualcomm customers to sign before they get a chip, such as the Master Software Agreement. Others have software agreements, but this one is different, In some cases, pay millions of dollars. #aaplqcom
RT @EliseReuter: CM atty says Apple's contact manufacturers signed 3 different contracts, paid in 3 different ways for components #aaplqc…
RT @joshua_sisco: @FTC @intel CM lawyer: The CMs unsuccessfully tried to negotiate better terms with Qualcomm The contracts with Q are"ess…
Gibson Dunn's Richard Doren ( https://www.gibsondunn.com/lawyer/doren-richard-j/ ) delivering opening argument for #Apple's contract manufacturers in #Qualcomm trial. Key for jury to understand they have contracts with $QCOM that $AAPL isn't even allowed to see. #aaplqcom
Common sense against #Qualcomm: #Apple stresses smartphone functionality also works without modem chip--over WiFi--but $QCOM wants royalties on entire device http://bit.ly/2PiiLOA #frand #patents #standards #aaplqcom Report on two key points from $AAPL's opening argument.
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