08-31-2018, 04:56 AM
Judge dismisses motion to halt Qualcomm’s potential iPhone import ban
<div style="margin: 5px 5% 10px 5%;"><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban.jpg" width="1" height="1" title="" alt="" /></div><div><p><!-- font size selector, BEGIN --> <span class="cfix"> </span> </p>
<p class="gray small byline"> By <a href="mailto:[email protected]">Stephen Silver</a> <br /><span class="gray">Thursday, August 30, 2018, 06:54 pm PT (09:54 pm ET)</span> </p>
<p> <span><span class="article-leader">Plaintiffs in a class action lawsuit against Qualcomm had sought to stop the chipmaker from getting a theoretical import ban on Intel-equipped iPhones, but perennial Apple judge Lucy Koh has denied the motion.<br /></span></p>
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<div class="article-img"><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban.jpg" alt="Qualcomm" height="383" class="lazy" /><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban-1.jpg" /></div>
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<p>Judge Koh on Wednesday <a href="http://www.fosspatents.com/2018/06/consumers-bring-motion-to-bar-qualcomm.html">denied a motion</a> by plaintiffs in a class action suit to prevent <a href="https://appleinsider.com/articles/17/07/06/qualcomm-asks-itc-to-block-import-and-sale-of-apple-iphone-ipad">Qualcomm from obtaining a U.S. International Trade Commission exclusion order</a> that would affect the import of iPhones with Intel modems, reports <em>FOSS Patents</em>.</p>
<p>“At bottom, Plaintiffs cannot sustain their request for a preliminary injunction because their asserted harm relies on a speculative and attenuated inferential chain, which centrally includes intervening decisions by multiple independent decisionmakers,” Judge Koh wrote. </p>
<p>The motion was dismissed “without prejudice,” meaning that it can be brought again in the future. </p>
<p>The plaintiffs, who are suing Qualcomm for antitrust violations, <a href="https://appleinsider.com/articles/18/06/28/qualcomms-bid-to-block-iphone-imports-magnifies-antitrust-practices-consumers-contend">filed the motion in June concerning Qualcomm’s separate proceeding</a> before the ITC, in which Qualcomm seeks to “prevent importation of certain Apple devices into the United States.” The issue Koh ruled on this week was the plaintiffs’ motion for a preliminary injunction, which sought to “enjoin Qualcomm from enforcing any exclusion or cease-and-desist order that the ITC may issue in that action.” </p>
<p>The motion was brought by plaintiffs who believe that Qualcomm’s ITC complaint represents an anti-competitive action. </p>
<p>Judge Koh, for jurisdictional reasons, often presides over cases related to Apple and other Silicon Valley-based companies, <a href="https://appleinsider.com/articles/18/05/14/apple-versus-samsung-548m-smartphone-patent-battle-returns-to-court">including the recent trial between Apple and Samsung.</a> </p>
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<div style="margin: 5px 5% 10px 5%;"><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban.jpg" width="1" height="1" title="" alt="" /></div><div><p><!-- font size selector, BEGIN --> <span class="cfix"> </span> </p>
<p class="gray small byline"> By <a href="mailto:[email protected]">Stephen Silver</a> <br /><span class="gray">Thursday, August 30, 2018, 06:54 pm PT (09:54 pm ET)</span> </p>
<p> <span><span class="article-leader">Plaintiffs in a class action lawsuit against Qualcomm had sought to stop the chipmaker from getting a theoretical import ban on Intel-equipped iPhones, but perennial Apple judge Lucy Koh has denied the motion.<br /></span></p>
<div align="center">
<div class="article-img"><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban.jpg" alt="Qualcomm" height="383" class="lazy" /><img src="http://www.sickgaming.net/blog/wp-content/uploads/2018/08/judge-dismisses-motion-to-halt-qualcomms-potential-iphone-import-ban-1.jpg" /></div>
<p><span class="minor2 small gray"></span></div>
<p>Judge Koh on Wednesday <a href="http://www.fosspatents.com/2018/06/consumers-bring-motion-to-bar-qualcomm.html">denied a motion</a> by plaintiffs in a class action suit to prevent <a href="https://appleinsider.com/articles/17/07/06/qualcomm-asks-itc-to-block-import-and-sale-of-apple-iphone-ipad">Qualcomm from obtaining a U.S. International Trade Commission exclusion order</a> that would affect the import of iPhones with Intel modems, reports <em>FOSS Patents</em>.</p>
<p>“At bottom, Plaintiffs cannot sustain their request for a preliminary injunction because their asserted harm relies on a speculative and attenuated inferential chain, which centrally includes intervening decisions by multiple independent decisionmakers,” Judge Koh wrote. </p>
<p>The motion was dismissed “without prejudice,” meaning that it can be brought again in the future. </p>
<p>The plaintiffs, who are suing Qualcomm for antitrust violations, <a href="https://appleinsider.com/articles/18/06/28/qualcomms-bid-to-block-iphone-imports-magnifies-antitrust-practices-consumers-contend">filed the motion in June concerning Qualcomm’s separate proceeding</a> before the ITC, in which Qualcomm seeks to “prevent importation of certain Apple devices into the United States.” The issue Koh ruled on this week was the plaintiffs’ motion for a preliminary injunction, which sought to “enjoin Qualcomm from enforcing any exclusion or cease-and-desist order that the ITC may issue in that action.” </p>
<p>The motion was brought by plaintiffs who believe that Qualcomm’s ITC complaint represents an anti-competitive action. </p>
<p>Judge Koh, for jurisdictional reasons, often presides over cases related to Apple and other Silicon Valley-based companies, <a href="https://appleinsider.com/articles/18/05/14/apple-versus-samsung-548m-smartphone-patent-battle-returns-to-court">including the recent trial between Apple and Samsung.</a> </p>
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