Qualcomm v. Apple Civil Ruling Exposed: Successful First Prosecution of Apple in China

 Qualcomm v. Apple Civil Ruling Exposed: Successful First Prosecution of Apple in China

First Financial Journalist exclusively obtained the civil ruling from Fuzhou Intermediate Peoples Court. The ruling showed that the four Apple subsidiaries prosecuted by Qualcomm were Apple Computer Trading (Shanghai) Co., Ltd., Apple Electronic Products Trading (Beijing) Co., Ltd., Apple Trading (Shanghai) Co., Ltd. and Apple. Electronic Products Trading (Beijing) Co., Ltd. Fuzhou Taihe Branch.

The case was filed on November 15, 2017. Qualcomm applied to Fuzhou Intermediate Court on July 10 this year to order the defendants to stop infringing patent rights first and request that seven mobile phone products from the infringing products of Apples four subsidiaries, the iPhone6S to the iPhoneX, be stopped.

First Financial Journalist contacted the lawyer who represented the case. As of the time of publication, no response had been received. However, according to the lawyer of the institute, it is inconvenient for litigation lawyers to express too much opinions on the case.

The court held that Qualcomms request was based on procedural law. The court also mentioned that the patent infringement involved Qualcomms invention patent of the card metaphor of the activity in the computing device. Qualcomm provided a copy of the patent, confirming that Qualcomm was the patentee of the patent.

Qualcomm has proposed that if Apples infringement is not stopped in time, it will cause problems such as the amount of subsequent infringement compensation is difficult to calculate. In addition, the new Apple mobile phone listing will further expand Qualcomms losses.

Qualcomm also believes that Apples infringement will undermine the competitiveness of other mobile phone manufacturers that have established licensing relationships with the company in the Chinese market. Qualcomm has provided 300 million yuan of guarantee for this purpose, and has borne 5,000 yuan of case application fee.

It is noteworthy that Qualcomm declared that the ruling does not apply to the honeycomb products commissioned by Apple and made by Heshuo United Technologies Co., Ltd., that is to say, the banned Apple products do not include the Heshuo iPhone. Qualcomm may have reached an agreement with Heshuo. Relevant lawyers told First Financial Journalist.

According to the courts ruling, the execution of the ruling begins immediately after the service of the ruling, and its effect lasts until the effective date of the ruling. If he refuses to accept the ruling, the client shall reconsider the ruling once within ten days from the date of receipt of the ruling, and the execution of the ruling shall not be suspended during the period of reconsideration.

This is not the first time Qualcomm has sued Apple in China, but the first suit was successful. On September 29, last year, Qualcomm filed three lawsuits in Beijing Intellectual Property Court, accusing Apple of infringing three non-standard essential patents of Qualcomm in China. Qualcomm asked for relief from the ban on Apple from manufacturing and selling related iPhone products in China.

Source: Chi Xueying_NN6784, Responsible Editor of the First Finance and Economics Network