Apple to Challenge Qualcomm Patents found in the Infringement Case filed with the U.S. International Trade Commission (ITC)
Last week Patently Apple posted a report titled "Non-Binding Recommendations from Third-Party ITC Lawyers have Found Apple to have Infringed one Qualcomm Patent." Apple's response to the patents in Qualcomm's ITC case was to file petitions challenging the four Qualcomm patents with the U.S. Patent and Trademark Office (USPTO) yesterday.
In the graphic below from Qualcomm, we're able to see that there were actually 6 patents filed in the ITC case. Whether two or three of these patents have since been dropped in this case is unknown at this time.
According to Bloomberg, "Apple is one of the most aggressive users of the proceedings at the Patent Trial and Appeal Board, which has an easier legal standard than courts do, and frequently seeks to invalidate patents when it's been sued for infringement. Apple has filed 398 petitions challenging patents, according to the patent office's electronic database.
Three judges with the review board will consider the petitions and any response from Qualcomm, and will make a preliminary decision on whether Apple has a chance of winning its arguments. If so, it will institute a formal review and issue a final decision in a year.
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