Bonum Certa Men Certa

Qualcomm Fails to Stop iPhones Coming From China, But Apple Now Faces Many Patent Lawsuits in China

The patent craze (and litigation mess) is moving to the East, but not the innovation

China wallpaper



Summary: Exacerbating litigation landscape in China and the general atmosphere (full of trolls) become a liability to China as a production giant or the world's 'warehouse'

"Qualcomm shares drop," said this tweet a few days ago, "hearing they lost bid to force Apple (AAPL) contractors to pay royalties..." (Qualcomm is losing the plot here, as its patent shakedown fails yet again)



More has been said about this by Florian Müller, who wrote a blog post to say that "Judge denies Qualcomm motions for preliminary injunctions against Apple [as well as] contract manufacturers" (there was a multipronged attack). To quote:

It's not like Qualcomm didn't already have plenty of legal problems. But Judge Gonzalo P. Curiel of the United States District Court for the Southern District of California has just (this morning by Pacific Time) handed down two decisions denying a couple of Qualcomm motions for preliminary injunctions. Qualcomm has failed to obtain a preliminary injunction requiring four Apple contract manufacturers to make royalty payments before the matter is adjudicated. I had predicted that one. What isn't really surprising either, but was much less clear based on how a recent hearing went, is that Judge Curiel also declined to bar Apple from pursuing antitrust cases in other jurisdictions (such as China, Japan, Taiwan, and the United Kingdom).


Obviously, many manufacturers are in China, where Apple has been facing many patent lawsuits (we wrote about some of them last weekend). Having written about a shouting match in China over Apple and patents, IAM now has a more detailed report about what happened. Here are some portions:

More than a few foreign IP practitioners expressed surprise at the idea that legitimate, if pointed, questions from Gao should generate such a hostile response from Cao. Their belief was that a public conference is a good setting in which to have a direct dialogue. After listening to Iwncomm’s presentation, it would have been hard for an Apple partisan to let go the opportunity to present an alternative argument and evidence to the public. But some Chinese practitioners responded that it was not necessarily the adversarial content of Gao's questions that was the problem, but the way it appeared he seemed intent on embarrassing Cao in public.

Many foreign practitioners, as well as some Chinese nationals who were born, raised or educated overseas, were fairly shocked by the heated nationalist emotion that the episode generated – and offended at Cao implying that Gao’s nationality had a crucial role to play in this case. One overseas born Chinese national who works as a senior IP executive in a Chinese company said that line of thought made him feel very uncomfortable: “Simply, it is a legal dispute and professional matter, but it should not be mixed with nationalist sentiment.” He did observe, though, that a level of nationalist sentiment is something that one needs to be conscious of while conducting negotiations with Chinese companies.

[...]

At a Beijing symposium on SEP & FRAND hosted today by China’s Ministry of Commerce, there was evidence that Cao v Gao had been noticed at the government level. Zhang Yonghua, the director of SIPO’s Department of Treaty and Law, began his remarks by acknowledging the dust-up. He suggested that the “very fierce argument” between smartphone makers and technology developers today stems from systemic issues.


It certainly sounds like SIPO too is taking notice. China has quickly become the world's new "patent trolls central" and this puts at jeopardy China's manufacturing industry; it can actually turn away many of the largest companies as they can seek contractors elsewhere (even if at a higher cost). The cost of operating in China is increasing because of patent maximalism. It's purely self-harming. According to this new blog post from IAM, yet another new patent troll is taking shape, one that's known as Longhorn: (we mentioned it a few times before)

Longhorn IP on Tuesday announced its first patent assertion in China, a Beijing IP Court lawsuit targeting Taiwan’s HTC. The case marks the second notable NPE campaign to be launched in China in the space of a year following WiLAN’s November 2016 assertion against Sony in Nanjing. But a judge from that Chinese city told local delegates at this week's China Patent Annual Conference that now is not the time to sound alarm bells.


What IAM calls "monetisation campaign" (even in the headline) is actually a euphemism for lawsuit/s. We can expect to hear a lot more about lawsuits in China because it's creating a patent bubble similar to the one the USPTO created for a few decades.

Recent Techrights' Posts

IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
 
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day