Qualcomm is expected to continue supplying modems and other components to Apple despite facing a $1 billion lawsuit over patent royalties and a related U.S. Federal Trade Commission action involving the Cupertino tech giant, according to a report on Monday,
Citing sources familiar with Qualcomm's plans, Re/code reports that while Qualcomm is mulling a countersuit against Apple, it is not looking to end or suspend business relations with the iPhone maker. That means the chipmaker will continue to supply Apple with a steady stream of mobile modems even as legal proceedings progress behind the scenes.
Both decisions are perhaps expected. Qualcomm needs to fight Apple's claims, or at least seek to have them dismissed, but at the same time the company cannot afford to lose one of its biggest clients.
Apple filed suit against Qualcomm on Friday alleging the firm takes part in extortion, monopolistic practices, price gouging and other unsavory business tactics.
In particular, Qualcomm uses its "monopoly power" to flout FRAND (fair, reasonable and nondiscriminatory) patent commitments by charging clients exorbitant royalty rates on standard-essential patents. Further, the chipmaker will only sell chipsets to customers who have first agreed to license the SEPs, a practice Apple refers to as "double-dipping."
The impetus for Apple's suit is Qualcomm's refusal to pay nearly $1 billion in owed licensing rebates after Apple cooperated with a Korea Fair Trade Commission probe into the chipmaker's business practices. Qualcomm was fined $854 million as a result of the investigation, and Apple alleges the firm is withholding payment in retaliation.
Qualcomm is also the target of an FTC lawsuit alleging the company forced Apple to buy wireless chips in exchange for better royalty rates.
Responding to the recent legal barrage, Qualcomm calls the claims from both suits baseless, adding it was Apple who provoked the "regulatory attacks." As noted by today's report, Qualcomm believes Apple is in the wrong for turning a contract dispute into regulatory issue.
Re/code was unable to elaborate on Qualcomm's potential countersuit. Though specifics are unknown at this time, the company apparently believes it has sufficient legal fodder to file suit against Apple. Whether the case is to be lodged domestically or in an international court is also unclear.
In any case, the Apple and FTC filings put Qualcomm in a bind. Beyond the nearly $1 billion payout and related fines attached to the Apple action, the chipmaker could be facing a major change to its lucrative patent licensing operation as implied by the antitrust suit.
15 Comments
I wish Apple could create their own modem tech and drop 3rd parties completely but Qualcomm's tech are world standards.
Qualcomm maybe crazy but they are not stupid. They are not about to stop selling chips -- even if they have to pay rebates. It would not make much sense for them to further piss off their single largest customer.
Who cares whether it was Apple that led to the Korean Fair Trade Commssion and U.S. FTC lawsuits. Apple doesn't run either government agency and so those agencies determined on their own, perhaps with evidence provided by Apple, to launch their investigations and file suit. For Qualcomm to blame Apple is like a bank robber blaming the police for bringing him before a judge. Seems ludicrous.
Going after Apple now would be a recipie for much more legal troubles for them (and a huge amount of money lost)