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Judge recommends import ban on iPhones after latest Apple vs. Qualcomm verdict

The latest chapter in the ongoing and messy Apple versus Qualcomm legal battle might mean a US import ban on some iPhone models. A US trade judge has found Apple guilty of infringing on two Qualcomm patents related to power management and data download speeds. As a result, the judge — International Trade Commission Judge MaryJoan McNamara says some iPhone models containing competing Intel modems might be blocked from shipping from China, where they’re manufactured, to the US.

The judgment is still pending review by the ITC. And it’s possible that, on review, things could change: in a separate ITC ruling today, Qualcomm lost another opportunity for an iPhone ban after an initial finding of patent infringement was rejected by the full commission.

According to the ruling, Apple violated claim 1 of U.S. Patent No. 8,063,674, “multiple supply-voltage power-up/down detectors.” Apple did not violate two other patents that were involved in the case, with the infringement limited to the ‘674 patent.

This is one of two patent infringement rulings expected from the ITC in the ongoing Qualcomm vs. Apple legal battle. Back in September, an initial ruling in a second case also found that Apple infringed on a Qualcomm patent related to power management technology.

The judge in that case recommended against an import ban because of “public interest factors.”

Qualcomm wants the ITC to ban imports of AT&T and T-Mobile iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, and iPhone X models that use chips from Intel.

Qualcomm and Apple have been fighting in courts all over the world, and Qualcomm has successfully won import bans in China and Germany, which Apple has since skirted with software and hardware updates.

Update 1: In a second patent infringement case that the ITC ruled on today, Apple was found not to have infringed on patented Qualcomm technology related to power management. This second ruling does not impact the first infringement ruling covered in the initial article.

Update 2: Apple provided Bloomberg with the following statement on the second ITC verdict: “We’re pleased the ITC has found Qualcomm’s latest patent claims invalid, it’s another important step to making sure American companies are able to compete fairly in the marketplace. Qualcomm is using these cases to distract from having to answer for the real issues, their monopolistic business practices. They are being investigated by governments around the world for their behavior and we look forward to detailing the many ways they’re harming consumers and stifling innovation when we present our case in San Diego next month.”

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