In a summary judgment published Thursday, US District Court Judge Gonzalo P. Curiel of the Southern District of California granted four of Apple's requests as outlined below:
- Grants Apple's Motion for Summary Adjudication on Count VI of Qualcomm's SACC on Qualcomm's claim for breach of Section 7 of the BCPA;
- Grants Apple's Motion for Partial Summary Judgement on Count VII of the SACC on the claim for breach of the implied covenant of good faith and fair dealing;
- Grants Apple's Motion for Partial Summary Judgement on the unjust enrichment claim in Count VIII;
- Grants Apple's Motion for Partial Summary Judgement on Count IX's Request for Declaration that Qualcomm is Release from any Obligation To Make Further Payments Under the BCPA.
Apple is now virtually certain to get an extra $1 billion that Qualcomm withheld in unpaid royalty rebates, but there's billions more at stake. You could read the full "Order on Apple's Motion for Summary Judgement" below and always check out Florian Mueller's legal analysis of this development here. For more of the background of this case you can check out C/Net's report here.
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