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Judge dismisses motion to halt Qualcomm's potential iPhone import ban

Plaintiffs in a class action lawsuit against Qualcomm had sought to stop the chipmaker from getting a theoretical import ban on Intel-equipped iPhones, but perennial Apple judge Lucy Koh has denied the motion.

Judge Koh on Wednesday denied a motion by plaintiffs in a class action suit to prevent Qualcomm from obtaining a U.S. International Trade Commission exclusion order that would affect the import of iPhones with Intel modems, reports FOSS Patents.

"At bottom, Plaintiffs cannot sustain their request for a preliminary injunction because their asserted harm relies on a speculative and attenuated inferential chain, which centrally includes intervening decisions by multiple independent decisionmakers," Judge Koh wrote.

The motion was dismissed "without prejudice," meaning that it can be brought again in the future.

The plaintiffs, who are suing Qualcomm for antitrust violations, filed the motion in June concerning Qualcomm's separate proceeding before the ITC, in which Qualcomm seeks to "prevent importation of certain Apple devices into the United States." The issue Koh ruled on this week was the plaintiffs' motion for a preliminary injunction, which sought to "enjoin Qualcomm from enforcing any exclusion or cease-and-desist order that the ITC may issue in that action."

The motion was brought by plaintiffs who believe that Qualcomm's ITC complaint represents an anti-competitive action.

Judge Koh, for jurisdictional reasons, often presides over cases related to Apple and other Silicon Valley-based companies, including the recent trial between Apple and Samsung.



9 Comments

nunzy 6 Years · 662 comments

Judge Koh should recuse herself. She hates Apple and loves Scamdung. She is prejudiced.

ericthehalfbee 13 Years · 4489 comments

I’m not a lawyer, but if I read this right she’s basically saying that since there hasn’t been a decision to ban iPhones, they can’t object to it. They’re essentially trying to sue over something that might not even happen. 

chaicka 14 Years · 257 comments

nunzy said:
Judge Koh should recuse herself. She hates Apple and loves Scamdung. She is prejudiced.

Maybe she tried to apply for a job at Apple but got rejected. Hahaha

ronn 20 Years · 688 comments

I’m not a lawyer, but if I read this right she’s basically saying that since there hasn’t been a decision to ban iPhones, they can’t object to it. They’re essentially trying to sue over something that might not even happen. 

That's how I read it. The plaintiffs are jumping the gun.

radarthekat 12 Years · 3904 comments

I’m curious to know who the olaintuves are.  Did I miss that part?