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By Mikey Campbell
Thursday, June 28, 2018, 6:25 pm PT (9:25 pm ET)
A group of consumers suing Qualcomm over alleged antitrust practices filed a petition Thursday to prevent the chip maker from filing a lawsuit. Obtain an exclusion order from the US International Trade Commission targeting iPhones equipped with Intel modems, stating that an import ban would only amplify anticompetitive behavior.
In a motion for a preliminary injunction filed with the Northern California District Court, the plaintiffs in a consolidated clbad action claim that Qualcomm's ITC complaint against Apple is another attempt to bend monopoly power over the company. smartphone industry. The motion asks Judge Lucy Koh to prohibit Qualcomm from continuing the potential ban under the All Writs Act.
Qualcomm filed the ITC complaint last July as part of a legal barrage of patent infringement and breach of contract.
Focusing on intellectual property covering the aggregation of carriers, graphics processing and signal amplification, ITC action seeks to block the import and sale of & IPhone and iPad devices using Intel modems. Qualcomm is also looking to stop sales of devices already in the United States
The limited order of exclusion would not affect units equipped with Qualcomm chips. As indicated by the complainants in today 's application, the company stated that it would "fill any void" by providing Apple with the modems needed to maintain production at normal levels.
"In summary, the exclusion order that Qualcomm seeks to do would undermine competition in a market that is already suffering from Qualcomm's anti-competitive behavior," reads the motion.
Consumers in the antitrust case consolidated their complaints with a complaint filed by the Federal Trade Commission in early 2017. This case claims that Apple was forced to an exclusive agreement to buy Qualcomm modems in exchange lower license fees.
Bloomberg reported on the deposit earlier today.
The ITC case of Qualcomm was judged earlier this month as the first of many to be heard in the United States and abroad. ITC staff issued a recommendation that the presiding commercial judge would find the iPhone maker in violation of Qualcomm IP.
Today 's filing is the last battle in a multi – jurisdictional legal battle between the two technology companies. Apple launched a $ 1 billion lawsuit in January claiming that Qualcomm was abusing its "monopolistic power" to charge high royalties and force chip buyers to obtain patents. The chip maker fought back in April and the pair has since filed multiple complaints in national and international courts.
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