Qualcomm has seemingly made a big tactical error in the pre-trial run-up to its infringement court case with Apple — and now it’s trying to get out of it.
According to a report of the events, Qualcomm failed to dispute Apple’s legal argument that certain patents in the case were either invalid or that it did not infringe on them as suggested. Now that we’re closer to the trial, Qualcomm’s lawyers have seemingly realized that this wasn’t the best idea. And the judge isn’t too impressed.
A report by FOSS Patents notes that:
“The procedural context, which the order summarizes at the start, is that Apple’s original complaint involved, among other things, requests for declaratory judgment on invalidity and non-infringement of nine Qualcomm patents. With the first amended complaint, Apple tackled another nine Qualcomm patents. As an Apple filing noted, Qualcomm–quite surprisingly!–elected not to bring compulsory infringement counterclaims, forever precluding Qualcomm from bringing such charges.”
When Qualcomm had a change of heart about this, Apple brought a motion to strike this request. It appears that Magistrate Judge Dembin agreed with Apple regarding the complaint, because he rebuked Qualcomm by saying that, “Rules are rules and tactical decisions have consequences.”
Apple’s ongoing legal battle with Qualcomm
Qualcomm’s legal battle with Apple — which has seen the former suggest that large numbers of iPhones not be allowed to be imported into the States — has raged on and on for the past year.
While Qualcomm CEO Steve Mollenkopf has previously said that he is confident that Qualcomm’s feud with Apple can be resolved, the case certainly shows no signs of ending any time soon.
And, by this point, boy is it getting convoluted!
Source: FOSS Patents