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Qualcomm Sues Apple Contract Manufacturers (reuters.com)

Qualcomm on Wednesday sued the manufacturers that make iPhones for Apple for failing to pay royalties on the chip maker's technology, widening its legal battle with the world's most valuable company. Qualcomm's lawsuit, filed Wednesday in a federal district court in San Diego, accuses Compal, Foxconn, Pegatron, and Wistron of breaching longstanding patent-licensing agreements with Qualcomm by halting royalty payments on Qualcomm technology used in iPhones and iPads. From a report: Apple sued Qualcomm in January, accusing it of overcharging for chips and refusing to pay some $1 billion in promised rebates. Qualcomm said in the complaint that Apple is trying to force the company to agree to a "unreasonable demand for a below-market direct license." Qualcomm said last month that Apple had decided to withhold royalty payments to its contract manufacturers that are owed to the chipmaker, for sales made in the first quarter of 2017, until the dispute is resolved in court. "While not disputing their contractual obligations to pay for the use of Qualcomm's inventions, the manufacturers say they must follow Apple's instructions not to pay," Qualcomm said in a statement on Wednesday.

56 comments

  1. Why won't Qualcomm stop selling chips to Apple? by known_coward_69 · · Score: 3, Insightful

    Apple is playing hardball by not paying them. Hard to run a business with no money coming in.

    Why can't Qualcomm simply refuse to sell to Apple until the lawsuit is done? Kind of hard to build iPhones with no radio chips in them. And I bet it's just as hard for Intel to ramp up production to cover the shortfall.

    1. Re:Why won't Qualcomm stop selling chips to Apple? by GabeGhearing · · Score: 2

      Qualcomm isn't making anything here. They are just licensing patents.

    2. Re:Why won't Qualcomm stop selling chips to Apple? by Paradise+Pete · · Score: 2

      Why can't Qualcomm simply refuse to sell to Apple until the lawsuit is done?

      They don't sell them anything now. They just take a slice of the pie.

    3. Re:Why won't Qualcomm stop selling chips to Apple? by Anonymous Coward · · Score: 2, Insightful

      A significant portion of their revenue comes from Apple.

    4. Re:Why won't Qualcomm stop selling chips to Apple? by jonsmirl · · Score: 3, Interesting

      Qualcomm probably has sold billions of chips. So it is not true that they don't make anything. This dispute is about Qualcomm using their patents to prevent anyone else in the world from making chips for cell phones without paying huge royalties (rumored at $10 a chip) to Qualcomm for patent licenses. Qualcomm has made about $6B/yr profit from these licenses over the last two decades. I view $120B in royalties as excessive compensation for a some patents.

      My personal solution to this is for the FCC to use some of the proceeds from 5G spectrum sales to buy the necessary patents to enable royalty free 5G phones to be built. This could be done through an auction process and patent holders would not be forced to participate. But... those licenses to 5G spectrum will come with a restriction that only technology covered by the government owned patent pool can be deployed in that spectrum. Of course the government will have to buy decent patents or no one is going to buy the 5G spectrum. This scheme fairly compensates the patent holders at the lowest cost to the public and participation is voluntary. If Qualcomm wants to hold out for $120B they can find spectrum elsewhere.

    5. Re:Why won't Qualcomm stop selling chips to Apple? by peragrin · · Score: 3, Informative

      Because
      1 Qualcomm only designs not makes

      2) Qualcomm was getting paid royalties by tsmc and other manufactures that made Apple products but then wanted Apple to pay a second time for the same royalty because it was in the iPhone. They have spent years fighting this and Apple finally told their suppliers to stop paying those royalties too. That is to bring qualcom to the negotations table trying not to double and triple dip. Expect Apple to win but be forced to pay royalties up to the time those suppliers stopped. Which is only fair.

      Patent holding companies (qualcom) like isps want to get paid two three times on the same product. And are fighting very hard to do that. Htc and Motorola don't have to pay twice for the same chipset only Apple does.

      The whole point of net neutrality is to stop isps from charging content providers for delivering content that their customers asked for.

      --
      i thought once I was found, but it was only a dream.
    6. Re:Why won't Qualcomm stop selling chips to Apple? by prefect42 · · Score: 1

      How do you think every other country in the world would react to this idea? I don't see how this is in the slightest bit workable.

      This is what FRAND works well for. If Qualcomm hold the patents, and you want to use them to develop your standard product, it's fair that they get a reasonable amount in return. If Qualcomm don't think the amount is fair, they can withdraw from the process, and you can solve the problem another way. If you can't solve it another way, you're likely to revisit what exactly is fair. I have no intuition as to what is or isn't fair, as to an extent, it's what the market will bear.

      If you've already come to an arrangement, and then part way through you say that it's unfair, then you're in a spot of bother. Until you've renegotiated, you need to carry on paying under the old terms, or stop doing it.

      --

      jh

    7. Re:Why won't Qualcomm stop selling chips to Apple? by Anonymous Coward · · Score: 0

      There is another worldwide organization that handles LTE patents. If you want your patent as part of the standard you have to submit it and then accept FRAND royalties. FCC has nothing to do with this.

    8. Re:Why won't Qualcomm stop selling chips to Apple? by bws111 · · Score: 1

      How naive can you get? Do you actually believe that Apple would lower the price to consumers if they didn't have to pay the royalty? Of course not, they would just keep the money for themselves. So the price to the consumer will go UP, not down, under your plan. That onerous $10 you are talking about represents about 1.5% of the cheapest iPhone price. That is not 'excessive' for the technology that actually makes the phone usable. The reason that Qualcomm gets so much money is because their product is popular, not because the fees are excessive. This is purely about Apples greed. They think they should be the only ones allowed to make money.

    9. Re:Why won't Qualcomm stop selling chips to Apple? by jonsmirl · · Score: 1

      US could lead the process and have it apply in all countries that cooperate. I don't like the fact that cell phones in the US are twice the price they are in other countries and wireless service is is also twice as expensive. It is patent monopolies that prevent competition and keep these prices high. Qualcomm pretty much has a stranglehold on the US cell phone market and is extracting a tax that, in my opinion, far exceed the value of the patents. Even rich Apple has finally said "enough" on the Qualcomm tax. Why does Xiaomi enter the US cell phone market using MediaTek chips? Ask Qualcomm and you'll get the answer. China has over a hundred companies making cell phones, but the most valuable phone market in the world, the US, has what? Maybe six or seven? Ever wonder why we don't have a hundred?

      And why are embedded cell modems $70 when the silicon is almost identical to a $3 wifi chip?

    10. Re:Why won't Qualcomm stop selling chips to Apple? by spire3661 · · Score: 1

      No, not buy, we Eminent Domain that shit as part of leasing the spectrum that We The People own.

      --
      Good-bye
    11. Re:Why won't Qualcomm stop selling chips to Apple? by prefect42 · · Score: 1

      Have it apply to all countries that cooperate? With the US govt having collected together all the necessary patents for a global standard, I think you'll find other countries rapidly disengaging with US patent law. I don't see how that can work, at all.

      I think you should be asking what's different between the process used to create the WiFi standards, and the process used to create the 4G/5G standard, as it's not like WiFi is patent free.

      Companies choosing to use MediaTek because they're so much cheaper is exactly what should be happening, so I don't really see the problem there.

      --

      jh

    12. Re:Why won't Qualcomm stop selling chips to Apple? by ControlsGeek · · Score: 1

      "Qualcomm isn't making anything here. They are just licensing patents."

      The same can be said of Apple. Compal, Foxconn, Pegatron, and Wistron do all the manufacturing and just licence designs from Apple. Does Apple have their own Fab to make chips?

    13. Re:Why won't Qualcomm stop selling chips to Apple? by Anonymous Coward · · Score: 0

      Oh yeah. A sure-fire way to make loads of money is to willingly stop selling product to your biggest customer.

      Qualcomm is simply in a weaker position than Apple and is attempting to gain leverage. These lawsuits are just a move in a grander game.

      Were Qualcomm to stop selling to Apple they would go bankrupt and apple would get what they want when the lawyers descend on Qualcomm's corpse.

    14. Re:Why won't Qualcomm stop selling chips to Apple? by mysidia · · Score: 1

      No, not buy, we Eminent Domain that shit as part of leasing the spectrum that We The People own.

      Eminent Domain requires paying fair compensation, per the constitution, which means at least the fair market price, which is probably more than $10 billion the US government would have to pay to Qualcomm to "Eminent Domain that shit".

    15. Re:Why won't Qualcomm stop selling chips to Apple? by kdubb1 · · Score: 2

      The same can be said of Apple. Compal, Foxconn, Pegatron, and Wistron do all the manufacturing and just licence designs from Apple.

      They absolutely do not license the designs from Apple. They are employed by Apple and operate at Apple's discretion building products solely for Apple using proprietary designs and materials provided by Apple. None of these companies has any right to produce these phones without Apple's involvement and resources.

      Qualcomm licenses knowledge to Apple (i.w. the patented information) who then incorporates that knowledge into its proprietary designs. They have nothing to do with the manufacturing of the final components or completed device.

      These scenarios aren't even really closely related.

    16. Re:Why won't Qualcomm stop selling chips to Apple? by Anonymous Coward · · Score: 0

      Too bad users of said company can sue them for triple dipping.

      First you get overcharged on the device... then you get overcharged on the apps... then they make you buy dongles and crap should you want to restore old functionality...

      As a side note: HTC and Moto don't modify the SoC and use it straight up, direct from Qualcomm. ARM (who Qualcomm pays for royalties) has multiple levels of licensing: one where you can use the design straight up and one where you get the base design for modiffication purposes. The latter is more expensive. If this is the reason (passing on the cost of ARM's licensing to Qualcomm's liscensees), then Qualcomm is in the right.

    17. Re:Why won't Qualcomm stop selling chips to Apple? by BronsCon · · Score: 1

      I'm sure Apple would foot the bill just out of spite for Qualcomm's bullshit. It would also pay off in 5 years, minimum.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    18. Re:Why won't Qualcomm stop selling chips to Apple? by spire3661 · · Score: 1

      There are plenty of legal ways to make life hard for Qualcomm to encourage them to sell and devalue their product. Ask the Qwest CEO. To paraphrase Hans Gruber, "The Justice Dept enjoys rattling is saber for its own ends, now they can rattle it for us."

      --
      Good-bye
    19. Re:Why won't Qualcomm stop selling chips to Apple? by mysidia · · Score: 1

      I'm sure Apple would foot the bill just out of spite for Qualcomm's bullshit. It would also pay off in 5 years, minimum.

      If it will pay off so quickly, then that may mean the market value of the patent is more than I suggested. The true formula would be to actually perform a Net-Present-Value calculation against the expected Sales/licensing revenue minus costs for this patent over the number remaining years of its life.
      In the real world, that would be realized by putting the patent up for auction and taking the highest bid to be the value, or find independent appraisers to determine its value.

      All the above said; I personally feel that the Profits to a creator for Intellectual Property should be capped, and after the cap is exceeded, those rights are depleted, and your solely remaining exclusive rights are Performance rights, Trademark, and Moral rights, only retained if you fully patented or copyrighted with full publication of source code, etc. If you are producing a product yourself, then you should be able to deduct your actual material costs, physical labor for assembling a product, and research and development (but no other costs), but if you are licensing to someone else, such as software IP, receiving royalties, or payments from a lawsuit or settlement, every $$$ received should count towards the cap, And the cap should be set at something like $10 Billion per Year.

      Just Sorry... "You were sufficiently rewarded for your creation, or discovery," But sufficient reward for one act of invention does not mean Unlimited piles of cash with zero additional work, forever.

    20. Re:Why won't Qualcomm stop selling chips to Apple? by BronsCon · · Score: 1

      If it will pay off so quickly, then that may mean the market value of the patent is more than I suggested.

      You do realize that the proposal was for the FCC to buy and freely license the patent, right? I was merely suggesting that Apple would foot the bill. No longer having to pay $2B/year in royalties would, then, save them $2B/year. Your proposed price was $10B, which is 5 years of royalties.

      Nowhere in that does Apple take ownership of or profit from the patents, they simply stop having to pay royalties to use them.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    21. Re:Why won't Qualcomm stop selling chips to Apple? by bws111 · · Score: 1

      Other than 'I don't like people making money off the things I wish to purchase', what POSSIBLE reason could there be for capping profits?

    22. Re:Why won't Qualcomm stop selling chips to Apple? by radarskiy · · Score: 1

      a) The products for which Apple has told manufacturers not to pay the royalties are not manufactured by Qualcomm or by manufacturers contracted to Qualcomm. If they were, then the royalties would just be in the price of the products and the dispute would be over direct payments.

      b) If there are other products that Apple is buying that do come from Qualcomm directly, then tying their delivery to a conflict over a different product would fall afoul of anti-trust legislation.

    23. Re:Why won't Qualcomm stop selling chips to Apple? by phantomfive · · Score: 1

      How do you think every other country in the world would react to this idea?

      Basically the same, actually. GSM licenses used to be as expensive or more than CDMA.

      --
      "First they came for the slanderers and i said nothing."
    24. Re:Why won't Qualcomm stop selling chips to Apple? by BronsCon · · Score: 1

      This guy's all over the place... First he suggests the FCC might buy the patent for $10B (non-negotiable, because eminent domain), then he suggests that it's worth more than that if Apple might want to foot the bill. I suggest that if, as in this case, a patent is being weaponized, that it is in everyone's best interest for the government to take ownership of that patent and freely license it, or to simply invalidate the patent as an abuse of the system.

      Patents are intended to protect inventions, not to allow you to collect royalties on top of the sale of those inventions. If this were about Qualcomm chasing royalties for Apple's use of Intel chips implementing Qualcomm technologies (in which case they'd have to be chasing Intel, as they're the ones implementing and selling those technologies), that would fall under the purview of a patent. But it's not; it's about collecting royalties from someone who already paid them when they bought the parts directly from Qualcomm. That's weaponization and should be grounds for immediate invalidation without prejudice.

      You know how much easier it would be to enforce legitimate patents applied in a legitimate manner if we didn't allow so many abuses? It would boil down to:
      - Does this case look like one of the obvious abuses? (IF YES, Invalidate the patent for abuse, throw out the case based on lack of applicable valid patent)
      - Is the defendant using the claimant's technology? (IF NO: Throw out the case for no grounds)
      - Did the defendant buy the technology, whether from the patent holder or a 3rd party? (IF YES: Throw out the case for no grounds; if a 3rd party seller violates a patent, that seller, not the buyer, is responsible for that, go try to sue *them*)
      - Did the defendant pay royalties already? (IF YES: Throw out the case for no grounds)
      - If the above tests all pass and we get to this rule, then we hear the case to determine how much the defendant should owe.

      While that's an over-simplification of the issue, it's only a slight over-simplification. There are a handful of edge cases to add to that, but the tests for whether the case should even be heard in the first place really are simple.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  2. HMMMMM! by Anonymous Coward · · Score: 0

    That's all I have to say about that.

    Thank you.

    Have a nice day

  3. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 3, Informative

    Because Qualcomm, like ARM, does not actually manufacture chips to sell to the likes of Apple or Samsung. Their business is to sell the design that companies like TSMC manufactures for Apple. They make a small number of them for demo/prototype purposes but not for general sale.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  4. Re: Why won't Qualcomm stop selling chips to Apple by jonsmirl · · Score: 5, Informative

    Qualcomm certainly makes the Snapdragon line of SOCs which are used by the millions in many phones. But in this case Apple is not using the Snapdragon instead they have their own in-house SOC.

  5. Re: Why won't Qualcomm stop selling chips to Apple by Anonymous Coward · · Score: 0

    Apple has their own SoC for the CPU, they still use Qualcomm modems in most of their phones. They have done it since the Verizon iPhone first came out and before that it was some other modem that was bought out by Intel years ago.

    Qualcomm makes all of those modems and LTE chips

  6. God i hate qualcom! by jediborg · · Score: 0

    Ugh! Everyone buys their shitty chips to put them in consumer electronics and they never release any technical papers or specifications, making it extremely difficult to reverse-engineer the chip and program open-source drivers. Of course the company could release open-source drivers BUT THEY NEVER DO! After tons of complaining from the community they MIGHT release a 'blob' binary that will work with linux but we can't trust it cause that blob could contain malware! Ugh why won't this horrible company contribute to the movement? Don't they realize there is money to be made in supporting the open source community?

    Oh wait... I was thinking of broadcom, not qualcom.... my bad

    1. Re:God i hate qualcom! by hackel · · Score: 1

      As if they are any better? Try to get open source drivers for a Qualcomm modem. Or any mobile device not stuffed full of binary blobs. They're all terrible.

    2. Re:God i hate qualcom! by Anonymous Coward · · Score: 0

      This is exactly why we don't deal with Qualcom directly. I'm rooting for Analog Devices to take over this market. They have definitely been preparing for world domination in several markets the past few years.

  7. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    Qualcomm certainly makes the Snapdragon line of SOCs which are used by the millions in many phones. But in this case Apple is not using the Snapdragon instead they have their own in-house SOC.

    No Qualcomm does not. Qualcomm has no chip fabs. They, like ARM, contracts foundries to actually manufacture the chips. Qualcomm sells the design. Now for certain models, Qualcomm can designate a company to be the exclusive foundry. For example, Samsung is the exclusive manufacturer of the Snapdragon 820. So if you are LG and you want to use the 820, you have to license the 820 from Qualcomm and then contract with Samsung and not TSMC.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  8. It's bitztream by Anonymous Coward · · Score: 0

    The autism-hating, custom EpiPen-hating, Musk-hating, Qualcomm-hating Slashdot troll!

  9. Re: Why won't Qualcomm stop selling chips to Apple by jonsmirl · · Score: 1

    You are confused about fabbing and who owns the products that the fab makes. That is like saying Foxconn makes the iPhone. Foxconn assembles it, but Apple definitely owns the output from that manufacturing line, not Foxconn.

    ARM is different. ARM licenses chip IP to a company like Qualcomm. Qualcomm then integrates that IP with their own and turns it into masks for chip production. Qualcomm then pays Samsung or TMSC to use those masks to make chips. Those chips are then given back to Qualcomm for sale, they are not the property of Samsung or TMSC.

    As far as I know Qualcomm does not license chip IP.

  10. So... what next? by BronsCon · · Score: 4, Insightful

    Qualcomm seems to want to be paid every time one of their chips changes hands: when the chip is sold to the manufacturer, when the phone containing the chip is shipped to the company that contracted the manufacturing company, again when the phone designer ships the phone to a store...

    When the store sells the phone to the end user?

    When the end user sells the phone on Craigslist or eBay, or trades it in to their carrier?

    Where does it stop?

    I hope Apple and Foxconn absolutely crush them.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  11. Re: Why won't Qualcomm stop selling chips to Apple by bws111 · · Score: 1

    Licensing IP and contract manufacturing are not the same thing at all. If you license the IP, then a manufacturer can use that IP to make his OWN products, with his name on them. The manufacturer pays you to use your IP. On the other hand, if you contract out your manufacturing, you pay the manufacturer for the use of his facilities. Probably the only IP involvement is in the form of NDAs that say the manufacturer can't use your IP for anything EXCEPT manufacturing YOUR chips.

  12. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    You are confused about fabbing and who owns the products that the fab makes.

    No I am not. I clearly said "manufacture". Qualcomm does not manufacture, but only licenses LTE modems.

    That is like saying Foxconn makes the iPhone. Foxconn assembles it, but Apple definitely owns the output from that manufacturing line, not Foxconn.

    I think the term you are not understanding is that Foxconn manufactures for Apple; however, Foxconn does not have to pay Apple a royalty for licenses. Anyone who makes Qualcomm chips has to pay Qualcomm a royalty for the design even if Qualcomm never had any input in any part of the manufacture of the chip. That's the difference.

    ARM is different. ARM licenses chip IP to a company like Qualcomm. Qualcomm then integrates that IP with their own and turns it into masks for chip production. Qualcomm then pays Samsung or TMSC to use those masks to make chips.

    I think your confusion is that you are focusing ONLY on what Qualcomm does with ARM type processors. While Qualcomm might have that process for Snapdragons, in the context of the story, Qualcomm isn't going after Apple's vendors for Snapdragon chips. They are going after them for Qualcomm chips like 3G/4G/LTE modems. That process is entirely different in that Qualcomm sells the design and others make the mask, incorporate it into their SoCs, etc. Qualcomm has less involvement with those chips.

    As far as I know Qualcomm does not license chip IP.

    Yes they do for IP other than Snapdragon.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  13. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    Licensing IP and contract manufacturing are not the same thing at all. If you license the IP, then a manufacturer can use that IP to make his OWN products, with his name on them.

    That depends on the license and the nature of the IP. I don't think Samsung can call an ARM Cortex-a53 whatever they want. Samsung can call the SoC that uses a Cortex-a53 something like Exynos 7 Octa 7870. Samsung also has an architectural license which allows to use ARM IP for chip design as well.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  14. Re: Why won't Qualcomm stop selling chips to Apple by bws111 · · Score: 1

    You contradict yourself. First you say "Quallcomm does not manufacture, but only licenses LTE modems". Then you say "Yes they do (license) for IP other than Snapdragon".

    So if Snapdragon is not licensed, but all they do is license, then what the hell is Snapdragon?

    They don't FAB. But they do everything else, and their name is on the product. They are the only ones who can sell said product. They are the ones who warrantee said product.

  15. We need a list by hackel · · Score: 1

    Has anyone compiled a list of phones that do NOT use any Qualcomm chips or patent-encumbered technology? If not, such a list is desperately needed. I don't have to indirectly support them in any way whatsoever. I'm more than willing to give up a little Snapdragon sexiness for something that isn't proprietary and patent-ridden. Now more than ever, we need truly Free, open-source, open-firmware portable computing devices.

    They are a truly vile corporation. As I've said in the past, they should have stuck to developing email clients.

    1. Re: We need a list by Anonymous Coward · · Score: 0

      Such doesn't exist. It is unlikely to ever exist. Take a shower, hippie.

  16. Re: Why won't Qualcomm stop selling chips to Apple by jonsmirl · · Score: 1

    You are confused about fabbing and who owns the products that the fab makes.

    No I am not. I clearly said "manufacture". Qualcomm does not manufacture, but only licenses LTE modems.

    That is like saying Foxconn makes the iPhone. Foxconn assembles it, but Apple definitely owns the output from that manufacturing line, not Foxconn.

    I think the term you are not understanding is that Foxconn manufactures for Apple; however, Foxconn does not have to pay Apple a royalty for licenses. Anyone who makes Qualcomm chips has to pay Qualcomm a royalty for the design even if Qualcomm never had any input in any part of the manufacture of the chip. That's the difference.

    You very confused. Foxconn does not pay Apple a royalty because they don't own the iPhones, Apple does.

    AFAIK Qualcomm does not license chip IP (ie chip designs like ARM does). The article you quote is for a patent license, not a chip manufacturing license. AKAIK Qualcomm only contracts with Samsung and TMSC to make their chips and then take possession of those chips after they are made. Qualcomm then sells those chips. Qualcomm does not have any second source supplier agreements.

    ARM is different. ARM licenses chip IP to a company like Qualcomm. Qualcomm then integrates that IP with their own and turns it into masks for chip production. Qualcomm then pays Samsung or TMSC to use those masks to make chips.

    I think your confusion is that you are focusing ONLY on what Qualcomm does with ARM type processors. While Qualcomm might have that process for Snapdragons, in the context of the story, Qualcomm isn't going after Apple's vendors for Snapdragon chips. They are going after them for Qualcomm chips like 3G/4G/LTE modems. That process is entirely different in that Qualcomm sells the design and others make the mask, incorporate it into their SoCs, etc. Qualcomm has less involvement with those chips.

    There are two other places to get cell modem IP - Intel and Mediatek. That cell modem design IP is not coming from Qualcomm. The fight here is over Qualcomm demanding a rumored $10 a chip royalty for patent licenses from OEM who use the Intel and Mediatek IP.

    As far as I know Qualcomm does not license chip IP.

    Yes they do for IP other than Snapdragon.

    That is a patent license which is very different than the IP license to produce a piece of silicon.

  17. Simple... by XSportSeeker · · Score: 0

    This case is pretty straightforward, no need for long legal battles.
    If it's in contract that Apple needs to pay for the licensed technology with no substantial unfair hike in prices and a fair comparison with competing technologies, then Apple has to pay, period.

    It's weird enough that Apple is the only company going after Qualcomm given that Snapdragon and other Qualcomm chips are on a whole metric ton of other brands. I'd figured that if Qualcomm was unfairly ramping up prices and charging more than the average, all these companies involved would either be filling a business class action lawsuit, or fleeing to the competition altogether.

    Gotta be honest, I have no pitty for Apple for this. They'd do the same if only they had the technology.

    1. Re:Simple... by Coopjust · · Score: 1

      FTC alleges Qualcomm forced Apple into iPhone LTE chip deals

      Basically, Qualcomm has thousands of patents that are required to implement basic wireless standards. They have a lot of key patents relating to CDMA, which Verizon and Sprint use in the US. For example, they made Apple agree to use their modems exclusively for years to get decent rates. For other manufacturers, they threatened to refuse giving Qualcomm's modems (required to work on the CDMA networks) unless the company also used the Snapdragon processors or agreed to not use Basebands from other modems. This is why Apple started by suing Qualcomm, because after they started using Intel modems in some phones Qualcomm started withholding "incentive payments" (essentially pre-agreed upon discounts) which may have totaled a billion dollars.

      If Qualcomm just competed under the quality of their products and made the patents available under FRAND terms then there would be no controversy. Instead, manufacturers are tired of Qualcomm using their patents to take unfair advantage of them (either ridiculous non-FRAND terms for standards essential patents, or making them sign exclusivity agreements on phone SoCs/modems in order to get more fair pricing).

  18. What a Piece of by Anonymous Coward · · Score: 0

    Shit apple is.
    Pay your debts and your taxes.

  19. Trade Secrets by Anonymous Coward · · Score: 0

    There's a bit of magic in the driver; they don't want to give the magic away. They've patented what they can, and licensed what's needed (Apple is trying to steal the licensed inventions) but there's some magic that's not inherently patentable, and they really don't want to just give that away.

  20. Score:-5, Pwned by Anonymous Coward · · Score: 0
  21. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    You contradict yourself. First you say "Quallcomm does not manufacture, but only licenses LTE modems". Then you say "Yes they do (license) for IP other than Snapdragon".

    Er, what? I said Qualcomm does not not manufacture LTE modems but licenses them. Then you said Qualcomm does not license IP designs which I linked to an article that says they clearly says that have recently licensed 3G/4G IP to Smartron. I fail to see any contradiction.

    Do you understand that Snapdragon is not 3G/4G/LTE but a variant of ARM technology?

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  22. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    You very confused. Foxconn does not pay Apple a royalty because they don't own the iPhones, Apple does.

    No I was showing how flawed your Foxconn analogy is. There is a huge difference between direct contract manufacturer and 3rd party manufacturing. Who owns the designs for Qualcomm chips? Qualcomm. That's the major difference. Apple can license an Qualcomm LTE modem and then contract with TSMC to manufacture the chip. Or TSMC can also license the LTE modem from Qualcomm to manufacture for anyone. For smaller phone makers like OnePlus, this means they don't have to enter in separate licenses with Qualcomm especially if they require fewer units.

    AFAIK Qualcomm does not license chip IP (ie chip designs like ARM does). The article you quote is for a patent license, not a chip manufacturing license. AKAIK Qualcomm only contracts with Samsung and TMSC to make their chips and then take possession of those chips after they are made. Qualcomm then sells those chips. Qualcomm does not have any second source supplier agreements.

    That makes absolutely no sense. If Qualcomm contracted with Samsung and TSMC to make their chips, then how in the hell do those companies not pay them? Think about that: Samsung made the chip. Apple uses it but doesn't pay Qualcomm. Qualcomm has to sue to get their money for past and future chips? If Qualcomm actually owned them then they could instruct Samsung or TSMC to stop letting Apple have them in the future. However it appears the foundries keep making new chips for Apple. What makes more sense is Apple contracted the foundries with a license from Qualcomm and it is a dispute between Qualcomm and Apple.

    There are two other places to get cell modem IP - Intel and Mediatek. That cell modem design IP is not coming from Qualcomm. The fight here is over Qualcomm demanding a rumored $10 a chip royalty for patent licenses from OEM who use the Intel and Mediatek IP.

    They are not the same modems. They are not the same chips.

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    Well, there's spam egg sausage and spam, that's not got much spam in it.
  23. Re: Why won't Qualcomm stop selling chips to Apple by bws111 · · Score: 1

    Do you understand that these are LTE Snapdragon modems, not ARM processors? And that they are a Qualcomm product?

  24. Re: Why won't Qualcomm stop selling chips to Apple by UnknowingFool · · Score: 1

    You do understand that Qualcomm makes a lot of different chips right?

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  25. How's life in the hypocrite lane?

  26. Re: Why won't Qualcomm stop selling chips to Apple by Anonymous Coward · · Score: 0

    That's because they are licensing industry standard patents...can't remember the more accurate term... getting your patents become a part of industry standards means you cannot choose your customers, but means that anyone adopting those industry standards doesn't have a choice of using something else since it would not meet standards. This means you get a monopoly enforced by the standards, so to prevent abuse, the patent holder must agree to charge reasonable license fees.

    Nobody can force you to allow your patent to become part of standards. The patent holder must agree to it first.

    The problem is then what do we mean by "reasonable"? Apple is pretty much suing Qualcomm for unreasonable pricing.... if Apple wins, everybody will pay less using Apple as precedent.... so everyone wins except Qualcomm.

    So unless you work for Qualcomm or hold their stock or is somehow related to them, I think we should all support Apple on this one .... unless you hate Apple so much that you would rather not have the same discounts on your Android devices.