Apple Inc.’s attempt to revive challenges to chipmaker’s Qualcomm Inc mobile phone technology certificates, a U.S. appeals court on Thursday struck for the second time.
In a 2-1 opinion, the U.S. Court of Appeals for the Federal Circuit said Apple could not appeal because of the 2019 decision of the companies of the global patent dispute, which gave Apple licenses to thousands of licenses. Qualcomm.
A separate Federal Circuit Commission in April unanimously rejected another Apple challenge to Qualcomm-related patents in a similar case.
“We’re not writing on a blank slate in Apple’s statistical analysis here,” U.S. Circuit Judge Sharon Prost said Thursday. “Writing is already on the wall.”
Qualcomm sued Apple in San Diego federal court in 2017, accusing its iPhones, iPads and Apple Watches of violating several mobile technology patents as part of a wider dispute between the two companies.
Apple then challenged the validity of the three patents in this case in the U.S. Patent and Human Rights Commission. The commission found the patents valid in 2020, after the parties signed a 2019 resolution agreement worth billions of dollars that allowed Apple to continue using Qualcomm chips in its products.
Apple apologizes, and argues the Federal Circuit should revive its challenges regardless of the decision because it faces “imminent danger” of prosecution when its six-year license to Qualcomm patents expires under the 2019 agreement. Qualcomm says Apple will not stance because the parties have settled, and the risk to it is noticeable.