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Apple's Eddy Cue To Be Deposed In Qualcomm Patent Battle (bloomberg.com)

"Apple executive Eddy Cue will be questioned by Qualcomm's lawyers as part of a legal battle between the companies over billions of dollars in patents and licensing fees," reports Bloomberg. "On Friday, San Diego Federal Judge Mitchell D. Dembin ordered Cue to be deposed in the case, granting a Qualcomm request and turning down Apple's arguments against the move." From the report: At the heart of the standoff is a dispute over how much Qualcomm can charge phone makers to use its patents, whether or not they use its chips. The San Diego, California-based company gets the majority of profit from licensing technology that covers the fundamentals of modern mobile phone systems. Apple has cut off license payments to Qualcomm and filed an antitrust lawsuit that accused the chipmaker of trying to monopolize the industry. In November, Qualcomm filed a motion to depose Cue. Apple pushed back stating that Cue's role overseeing services made him unrelated to the case. Qualcomm cited past Apple statements pinpointing Cue as one of the lead negotiators when the iPhone launched in 2007 exclusively on AT&T's network in the U.S.

34 comments

  1. Apple by Anonymous Coward · · Score: 0

    Gonna Be History. Watch. Wait. One of you two will die first.

    1. Re: Apple by Anonymous Coward · · Score: 0

      A shame they had to have leaders that in my view wasted the potential of the Apple of old.

  2. DRAM makers sued for antitrust violation by Anonymous Coward · · Score: 0

    http://www.eenewseurope.com/news/micron-samsung-sk-hynix-pursued-over-dram-pricing

    Micron, Samsung, and SK-Hynix control over 96% of global DRAM production and they have artificially inflated the DRAM price by limiting DRAM production

    1. Re:DRAM makers sued for antitrust violation by DontBeAMoran · · Score: 1

      But supply and demand is the basis of the free market! Are you anti-American?

      --
      #DeleteFacebook
    2. Re:DRAM makers sued for antitrust violation by Anonymous Coward · · Score: 0

      Artificially restricting supply is All-American!

    3. Re: DRAM makers sued for antitrust violation by saloomy · · Score: 1

      It's a free market, build yourself a DRAM production fab since the prices allow for massive profit.

  3. While you've got him there Qualcomm by Anonymous Coward · · Score: 0

    Could you ask him about the MacBook keyboard as well?

    1. Re:While you've got him there Qualcomm by Anonymous Coward · · Score: 0

      Did he see this Slashdot video yet? Did he buy the Goat C shirt?

      - FatCashewsLoveMe

    2. Re: While you've got him there Qualcomm by Anonymous Coward · · Score: 0

      LOL 6 likes and 19 dislikes. On a video with 1300 views. Someone's using a bot to deflate his numbers.

    3. Re:While you've got him there Qualcomm by Anonymous Coward · · Score: 0


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  4. I thought Eddy Cue was a feature... by Anonymous Coward · · Score: 0

    Not a person!

  5. Why? by willoughby · · Score: 1

    Judges generally don't like depositions as much as live testimony because you can't cross-examine a deposition. Why are they doing this instead of compelling him to testify? Does he have some health issue which makes it difficult for him to travel? Or....?

    1. Re: Why? by Anonymous Coward · · Score: 0

      Have you ever given a deposition? Your statement sounds like you have not.

    2. Re:Why? by Anonymous Coward · · Score: 0

      Deposed people find themselves in court all the time giving additional testimony or being cross examined. A deposition does not prevent either side from asking new questions or additional details later in court. The only limitation is you cannot ask the same questions again. Depositions help to narrow down what has to be gone over in court and speed up the process. Judges are not against this.

    3. Re: Why? by gander666 · · Score: 1

      No kidding. As the 30(b) 6 deponent for a patent toll lawsuit, I can tell you that it is a high risk, awful place to be. I will quit and move to a different country if I am ever in line for that bullshit.

      --
      Suppose you were an idiot and suppose you were a member of Congress ... but I repeat myself. - Mark T
  6. What's an Eddy cue? by Cederic · · Score: 1

    Leaving aside the initial confusion the capitalisation in the headline caused me (not helped by watching the snooker world championships while reading it), fundamental technology essential to the core functions of the device must be worth a couple of magnitudes more than something generic like rounded corners.

    There are going to be some very rich lawyers before this one plays out.

    1. Re:What's an Eddy cue? by Anonymous Coward · · Score: 0

      I thought Eddies in the Space Time Continuum and was looking for a sofa in the story.

    2. Re:What's an Eddy cue? by alvinrod · · Score: 1

      You're correct that these are fundamental technologies and that they're worth a lot, but this has to do with how those components became fundamental. Typically, no companies want to be in a position where they can only buy from a single supplier as they're at the mercy of that supplier and can easily get stuck if the overall ecosystem becomes a monoculture that won't let you use anything except for that technology.

      So what companies due is offer to license or sell their technology on terms where they typically get less money than what they could otherwise, but agree to give everyone the same deal so that everyone does adopt their technology and they have a higher volume of sales. Sometimes several companies package technology together under these terms. Either way they're referred to as RAND (or sometimes FRAND) terms. Sometimes, governments might even require such terms be used to prevent them from going after a company for being a monopoly if they're the only company that can legally supply the technology due to patents.

      One of Apple's key claims in one of these cases (there are a lot of different cases involving Apple and Qualcomm, including several where they're suing each other for various reasons) is that Qualcomm was trying to charge Apple more than they were charging Apple's competitors.

    3. Re:What's an Eddy cue? by Anonymous Coward · · Score: 0

      He is the same guy that was involved when apple was found guilty of felony ebook price fixing. You know a typical apple crook.

    4. Re: What's an Eddy cue? by reanjr · · Score: 1

      Is there any evidence Qualcomm made such a promise? Sounds more like a butt-hurt Apple trying to get out of paying prices the market bears. Apple isn't being forced to buy from Qualcomm. They decided many years ago to go down the path of being dependent on Qualcomm and it has earned them billions of dollars saving time and development. Now they don't want to pay their fair share.

    5. Re: What's an Eddy cue? by Anonymous Coward · · Score: 0

      Is there any evidence Qualcomm made such a promise?

      Yes.
      https://arstechnica.com/tech-p...

      Sounds more like a butt-hurt Apple trying to get out of paying prices the market bears.

      Only because of your irrational hate of Apple, and complete lack of understanding of the US patent system.

      Apple isn't being forced to buy from Qualcomm.

      All cell phone manufacturers are forced to buy from Qualcomm, that's the entire reason so many lawsuits are being filed against them.

      If you use Qualcomm chips, you have to buy the chip and then buy again a license for that chip for yourself, and buy another license for every end user the phone will have over its life.

      If you DON'T use Qualcomm chips, you also have to buy multiple licenses from them just the same.

      They decided many years ago to go down the path of being dependent on Qualcomm and it has earned them billions of dollars saving time and development.

      Unless you are arguing that Apple doesn't need to make and sell "cell phones", then you are wrong.

      Qualcomm convinced the government that they own anything and everything that is cell phone.
      You can't even invent your own radio protocol and errect towers that use it without paying Qualcomm, because they own the concept of a cell phone and anything cell phone like.
      They own all cellular radio protocols currently in use, and have convinced the government they own all protocols yet to be invented.

      Now they don't want to pay their fair share.

      The entire point of the lawsuit is that Apple wants to pay its fair share.
      They do not want to pay a few hundred thousand times their fair share.
      The US government has sued Qualcomm for the exact same reason.

      Once again it is only your irrational hatred of Apple that is causing you to falsely pretend they are using anything Qualcomm invented and owe money for it.

      As a side note, do you live in the US? Have you paid your yearly Qualcomm license for each cell phone you own now and in the past?
      You are likely very behind on your 3G and GSM payments.
      The last court case Qualcomm won explicitly requires you to pay for using those radio protocols.

      I have a feeling you are just as much of a criminal as Apple and the rest of the world is here, and you are only arguing that you are in fact a criminal because that's the only way in your mind you can put Apple in a bad light.

      But why should we care what you, a thieving criminal, thinks?
      It's OK for you to not pay your fair share, but Apple has to pay more? I bet your thieving ass only paid one time for your cell phone when you made the purchase, and not all of the other licences you are legally required to pay on top of that.

    6. Re: What's an Eddy cue? by Anonymous Coward · · Score: 0

      Thats exactly what it is. Hypocritical apple suing another company for the same kind of shit they do themselves. apple signed a contract and now they want to break it. apples dishonesty is well documented.

    7. Re: What's an Eddy cue? by UnknowingFool · · Score: 1

      Not merely more. Apple's contention is that Qualcomm is charging them twice called double dipping. There are two ways to license patents in chips: directly and indirectly. For example if you want to use ARM patents in a chip you can either negotiate with ARM for a license then approach a chip foundrey to make the chips (which many companies like Apple does) or you can buy chips from companies that have an ARM license (Samsung, TI, NVidia, etc). What Apple is claiming is that they bought chips from a company that made Qualcomm chips but that Qualcomm also wants license fees in addition to what they purchased.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re: What's an Eddy cue? by reanjr · · Score: 1

      Fanboy much?

      If Apple disagrees with the broad applicability of Qualcomm's patents, they can build their own mobile chips and fight the patents on that front. Or they can use Intel chips, which are available and prove that you're talking out your ass when it comes to anyone being required to use Qualcomm. Instead Apple chose to license from Qualcomm, but doesn't want Qualcomm to have the right to set prices. Apple is fighting for market protection under the guise of patent litigation. So much for competing by building a better product...

  7. A patent is a state granted monopoly... by Anonymous Coward · · Score: 0

    "accused the chipmaker of trying to monopolize the industry" Maybe Apple should look up 'patent' in a dictionary.
        But nothing new here, just Apple not wanting to pay its way, to make up for not having enough 'hard stuff patents' to put into the patent pool.

    1. Re:A patent is a state granted monopoly... by Anonymous Coward · · Score: 0

      apple is one of; if not the biggest crook in the tech industry.

      It pretty much common knowledge now.

    2. Re:A patent is a state granted monopoly... by Anonymous Coward · · Score: 0

      Apple is not the biggest crook in the tech industry. End of period. Look elsewhere for the title. like Oracle, Facebook or what about SCO? Duh

  8. China-US Thucydides Trap on data by Anonymous Coward · · Score: 0

    https://technode.com/2018/04/2...

    Alibaba-backed Ant Financial was blocked in their attempt to acquire US money transfer company Moneygram as well, ditto for a Chinese state-backed fundâ(TM)s try for Massachusetts semiconductor-testing firm Xcerra. All of these deals were reportedly nixed on âoenational securityâ grounds

    If tech continues to be something that is nationalized and militarized, we risk finding ourselves in a second cold war

    Ironically, it has always seemed to me that the people who are actually working in the tech sector tend to be the people who buy into these narratives least

    Many have traveled and lived outside of their home countries, and have colleagues, friends, and for some, even family members, spouses, and children for whom national identity is a blurry overlap

    Many of these people are optimistic problem-solvers, who genuinely believe in what they are doing, not because they believe it will benefit their country, but because it will benefit the world. It would truly be a tragedy if we were to deny ourselves a shared future due to the narratives of the past

    1. Re: China-US Thucydides Trap on data by Anonymous Coward · · Score: 0

      ...Returns to worshiping fearless leader...

  9. Whorls, foam, and the tell tale line in the water by goombah99 · · Score: 1

    Those are the cue's I look for when I see a large rock in a flowing river. Usually there's a Eddy on the other side of the Eddy Line.

    I did not know Eddy Cue was a monarch or the the forces of Qualcom sought to depose him.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  10. MADness? by Anonymous Coward · · Score: 0

    I'm seeing this as an attempt to get Apple to settle quickly. Mutual Assured Destruction. If Apple wants to play the "Anti-Competitive Behavior" card, Qualcomm is going to force an Apple exec under penalty of perjury to admit to prior "Anti-Competitive Behavior".

  11. Really? That's surprising. Discovery and inconsist by raymorris · · Score: 1

    It has been my understanding that one reason for a deposition is discovery, to find out what questions a jury needs to hear the answer to. For example, if during deposition you asked Bill Cosby "have you ever drugged a woman" and he said "yes, I have", that's something the jury should hear and you'd ask the same question in testimony before the jury. You're after asking that in deposition, you can't ask the question in open court, for the jury to hear?

    It has also been my understanding that it is common to depose someone as soon after the events as possible, while their memory is still fresh, then point out if they change their answer at trial. In fact here's a script from Indiana law school showing the proper way to point out when a witness gives an answer in court that is different from the answer they gave at deposition:

    http://www.law.indiana.edu/ins...

    Do you happen to remember which rule number says you can't ask a question in open court which you asked at deposition? Any explanation of why that would be the case?

  12. my question is by Anonymous Coward · · Score: 0

    will he show up late and in a Hawaiian shirt? He is the typical example of the lack of professionalism at apple.