US judge gives way to iPhone import :: Kenya

The US Commerce Judge refused Friday to block the import of Apple iPhone (AAPL.O) with Intel Corp chips (INTC.O), yielding a major loss to Qualcomm Inc. (QCOM.O) in the of his legal dispute with big stakes with the iPhone manufacturer.

A US judge at the International Trade Commission said Apple phones had violated Qualcomm's patent on energy management technology, but rejected the chip maker's request to ban the import of some iPhones in the United States.

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Thomas Pender, an ITC administrative law judge, said the "public interest factors" weighed in favor of Qualcomm's application for a ban.

The determination will be examined by other judges. Qualcomm, the world's largest manufacturer of mobile phone chips, has another patent case pending against Apple before the ITC.

Apple said in a statement that Qualcomm had unfairly claimed royalties for technologies with which it had nothing to do.

"We are pleased that the ITC has halted Qualcomm's attempt to harm competition and harming US innovators and consumers," said Apple.

In a statement, Qualcomm's general counsel, Don Rosenberg, said the company was happy that the judge found a patent violation, but "it makes no sense to allow the violation of continue by refusing an import ban.

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"This goes against the ITC's mandate to protect US innovators by blocking the importation of counterfeit products," Rosenberg said. "There are many ways Apple could stop harming our technology without affecting the public interest."

Apple and Qualcomm are engaged in a broad legal dispute in which Apple has accused Qualcomm of unfair patent licensing practices. Qualcomm has in turn accused Apple of patent infringement.

Qualcomm, a San Diego, California-based company, filed a lawsuit against Apple in July 2017, alleging that iPhones containing Intel chips violated six patents that describe a technology that allows smartphones to work properly without draining the battery.

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Qualcomm did not claim that Intel chips violated its patents, but claimed that the way Apple implemented them in the iPhone did so.

In an article released Friday after the ITC decision, Intel's general counsel, Steven Rodgers, said that Qualcomm had "publicly disparaged Intel's products," deemed inferior to those of Qualcomm during the case.

"It's easy to say things, but Intel's track record is clear," Rodgers wrote in his post. "Every day we push the boundaries of computer and communication technologies. And the proof is in the cake: last year, the US Patent Office granted more patents to Intel than to Qualcomm.

ITC is a popular meeting place for patent litigation because it deals with business quite quickly and can more easily prevent a counterfeit product from the US market than federal courts.

Qualcomm dropped three of the six patents in the case before a trial that began in June.

Pender said Friday that Apple had broken only one of the remaining three patents.

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