The iPhone will not be subject to an import ban for the United States, a judge for the US International Trade Commission to take over the patent row between Apple and Qualcomm, despite the fact that Apple is likely to have one of the three Qualcomm patents in the middle of the case has been infringed.
In a first judgment that actually applies largely to Apple, ITC Judge Thomas Pender ruled that banning the import of iPhones into the United States would be against the public interest, Bloomberg reports. The full details of the jurors' findings are not yet available, but will be published as soon as both companies have published confidential information that they do not want to disclose.
Although an import ban is not on the shelf, the judge does not yet exclude all further actions, because the judge has stated that Apple has violated one of the three Qualcomm patents.
The decision effectively prevents Qualcomm from putting Apple under pressure, which could have forced Apple to pay licensing fees, if only to continue selling its devices on the big market.
Qualcomm claimed that Apple last year infringed its patents regarding carrier aggregation, graphics processing and signal lification in a complaint that was presented to the ITC. In June, consumers battled against the prospect of the ban by submitting a motion to the ITC against Qualcomm, suggesting a ban on anti-competitive behavior.
This is not the only ITC activity between the two companies, with a second complaint from Qualcomm that also comes through similar claims by the Commission. In that case, Qualcomm received an early blow, in which the agency's staff recommended that none of the remaining patents in a suit be violated by Apple and that an import ban would have a detrimental effect on the cellular modem market in the United States.
The ITC complaints are part of a long series of actions in the legal tensions between the two companies.
Apple threw the first stone in the legal scrum at the beginning of last year in a lawsuit claiming that Qualcomm is abusing its "monopolistic power" with regard to the wireless modem industry to demand excessive royalties. That lawsuit claims that Qualcomm withheld nearly $ 1 billion in promised discounts as a retaliation for Apple's participation in antitrust investigations in South Korea.
Qualcomm moved three months later and has since filed several claims against Apple, including two complaints at the ITC and lawsuits in China. Apple has also submitted Chinese promotions.
Qualcomm is committed to banning iPhone models powered by Intel baseband chips, which, if implemented, would only sell those models with Qualcomm chips. No iPhone XS line has a Qualcomm modem.