Apple faces court docket setback in smartphone patent struggle with Qualcomm

Qualcomm’s brand is seen at its sales space on the World Cellular Web Convention (GMIC) 2015 in Beijing, China, April 28, 2015. REUTERS/Kim Kyung-Hoon

(Reuters) – Chipmaker Qualcomm Inc bought one other probability Tuesday to indicate that one in all its smartphone-chip patents challenged by Apple is legitimate, organising one other spherical of arguments earlier than a key U.S. patent tribunal.

The U.S. Courtroom of Appeals for the Federal Circuit mentioned the Patent Trial and Attraction Board might have wrongly relied on a part of Qualcomm’s personal patent to seek out that it was invalid.

Apple and Qualcomm settled a worldwide dispute over smartphone modem chips in 2019, which resolved claims that Apple infringed Qualcomm patents however did not finish their PTAB proceedings.

Apple challenged the patent at problem in 2018, arguing it was invalid as a result of the invention was the identical as “prior artwork” improvements that had already been disclosed in earlier patents or different publications.

The board dominated for Apple in 2020 primarily based on earlier publications, in addition to a part of the challenged patent that mentioned most of its limitations have been already identified within the prior artwork.

Qualcomm appealed to the Federal Circuit, arguing the patent itself could not qualify as prior artwork, whereas Apple argued that the board might depend on the prior artwork talked about in Qualcomm’s patent.

U.S. Circuit Choose Raymond Chen wrote for a three-judge panel that the assertion from Qualcomm’s patent wasn’t prior artwork, and that Apple’s problem could not be primarily based on it. Nonetheless, Chen mentioned the board might nonetheless use the assertion in its evaluation.

The court docket despatched the case again to the Patent Trial and Attraction Board to contemplate whether or not the assertion was the “foundation” for Apple’s problem.

The events and their attorneys did not instantly reply to a request for remark in regards to the case.

Circuit Judges Richard Taranto and William Bryson joined the choice.

The case is Qualcomm Inc v. Apple Inc, U.S. Courtroom of Appeals for the Federal Circuit, Nos. 20-1558 and 20-1559.

For Qualcomm: Jennifer Swize of Jones Day

For Apple: Lauren Degnan of Fish & Richardson

Learn extra:

Apple loses bid for second chew at Qualcomm patents after license

Apple lacks standing to attraction Qualcomm PTAB win, Fed Circuit says

Qualcomm inventory jumps 23 % on shock settlement with Apple

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