Compal, Hon Hai Precision/Foxconn, Pegatron, and Wistron have filed a countersuit against iPhone LTE modem supplier Qualcomm in an attempt to prevent Qualcomm from successfully forcing them to pay certain licensing fees related to the iPhone's assembly (via Bloomberg). The move is a response to a lawsuit from May when Qualcomm sued the four suppliers for "breaching their license agreements" by failing to pay royalties on the use of Qualcomm's technology in the assembly of Apple's devices.

Now, in a court filing today, the four companies have claimed that Qualcomm is asking for payments "massively in excess" of what it would normally receive. If the countersuit is successful, Apple said that it could cost Qualcomm billions in refunded fees and damages. For the manufacturers' part, the companies described the Qualcomm suit as "yet another...anticompetitive scheme" by Qualcomm.

qualcomm iphone
According to The Wall Street Journal, Apple is said to be covering the legal fees associated with the four manufacturers' defense, and that it would soon file a separate motion to combine the new countersuit with its own suit against Qualcomm, creating one unified case.

Apple’s key contention is that Qualcomm is asking the court to force the contract manufacturers to pay licensing fees due on iPhones above the level the chipmaker normally receives.

The manufacturers -- Compal, Hon Hai Precision and its Foxconn subsidiary, Pegatron Corp., and Wistron Corp. -- denied violating any payment agreements. They called the Qualcomm suit against them “yet another chapter of Qualcomm’s anticompetitive scheme to dominate modem chip markets, extract supracompetitive royalties, and break its commitments to license its cellular technology on fair, reasonable and non-discriminatory terms.”

Apple and its manufacturing partners have also responded to a separate Qualcomm court filing, in which the LTE modem supplier requested an injunction to force Apple's iPhone manufacturers to keep paying royalties during the legal battle. Apple, Compal, Foxconn, Pegatron, and Wistron have objected to the request, stating that "there's no harm to Qualcomm waiting to get paid" until the end of the case, when the court determines the correct amount.

Earlier this week, Qualcomm CEO Steve Mollenkopf said that an out of court settlement for the case could still happen, although he had no specific confirmation or update on the legal battle that suggested a settlement was coming between Qualcomm and Apple. The two companies have been embroiled in the court case since January, sparked by an FTC complaint about Qualcomm's anticompetitive patent licensing practices, and continued with Apple's own lawsuit against the supplier, and then Qualcomm's countersuit response.

If there is no settlement between Apple and Qualcomm, the case is expected to continue for the next few years.

Top Rated Comments

morcutt11 Avatar
99 months ago
Lets not forget Samsung, Intel, and the US FTC have also filed suit earlier this year against Qualcomm. It seems universally agreed that Qualcomm has essentially been extorting technology manufactures and hampering innovation with anti-competitive practices. At this point it looks like Qualcomm v. The World. I don't predict Qualcomm to be a winner in that battle.
Score: 14 Votes (Like | Disagree)
morcutt11 Avatar
99 months ago
Is Qualcomm the real threat here? Everyone is attacking Qualcomm, but who copies and steals the most?!
Oh it's Qualcomm. Let's take a look at what they are doing:
1) They charge licensing fees for patented technology not only from people that make a competing chip (e.g. Intel), but also companies that use those chips (e.g. Apple) in devices.
2) The fee that they charge for someone using a chip (even competing chip) that uses Qualcomm's patented technology is based on the price the device sells for. So Apple pays pays $15/iPhone for the entry-level iPhone, but more for iPhones that sell at higher rates due to more RAM/storage. Remember, this is the case even if Apple isn't using Qualcomm chips.
3) Because of this licensing scheme, it makes it difficult for other chip manufacturers to compete against Qualcomm, hence the US FTC anti-trust lawsuit. The FTC has said that Qualcomm is effectively taxing every cell phone sold.
4) There is also issues with Qualcomm refusing to license its technology to other chip manufacturers, promoting an anti-competitive market.
5) Along the anti-competitive line, Qualcomm has also successfully prevented Apple from implementing technology like WiMAX because it competes with Qualcomm technology.

In the end it will be a court(s) deciding if Qualcomm's technology patents fall under the "fair, reasonable, and non-discriminatory" requirements, which other manufacturers are claiming they do as the patents reflect technology that is part of the standards of mobile carrier services.
Score: 6 Votes (Like | Disagree)
Cronowerx Avatar
99 months ago
This will not end well for Qualcomm. They better settle out of court ASAP ;)

One of the big advantages of having your partners dependent on you means that your enemies are their enemies.
Score: 3 Votes (Like | Disagree)
blcamp Avatar
99 months ago
Game over, QCOM. Have a nice day.
Score: 3 Votes (Like | Disagree)
Kaibelf Avatar
99 months ago
Contract manufacturers.
Any competent judge will see through the case stacking with Apple footing the legal fees for all parties.
Doesn’t matter. Qualcomm opened the door to this very thing the minute they tried to sue the suppliers when Apple fought back. Now they will take it in the chin and likely end up paying a lot more in the end.
Score: 3 Votes (Like | Disagree)
joelypolly Avatar
99 months ago
Is Qualcomm the real threat here? Everyone is attacking Qualcomm, but who copies and steals the most?!
Well considering everyone is sueing Qualcomm they do appear to be the problem here. Lets not confuse anticompetitive behavior with something completely unrelated.
Score: 3 Votes (Like | Disagree)

Popular Stories

Apple iPhone 16e Feature

Apple Announces iPhone 16e With A18 Chip and Apple Intelligence, Pricing Starts at $599

Wednesday February 19, 2025 8:02 am PST by
Apple today introduced the iPhone 16e, its newest entry-level smartphone. The device succeeds the third-generation iPhone SE, which has now been discontinued. The iPhone 16e features a larger 6.1-inch OLED display, up from a 4.7-inch LCD on the iPhone SE. The display has a notch for Face ID, and this means that Apple no longer sells any iPhones with a Touch ID fingerprint button, marking the ...
iphone 17 pro asherdipps

iPhone 17 Pro Models Rumored to Feature Aluminum Frame Instead of Titanium Frame

Tuesday February 18, 2025 12:02 pm PST by
Over the years, Apple has switched from an aluminum frame to a stainless steel frame to a titanium frame for its highest-end iPhones. And now, it has been rumored that Apple will go back to using aluminum for three out of four iPhone 17 models. In an investor note with research firm GF Securities, obtained by MacRumors this week, Apple supply chain analyst Jeff Pu said the iPhone 17, iPhone...
apple launch feb 2025 alt

Here Are the New Apple Products We're Still Expecting This Spring

Thursday February 20, 2025 5:06 am PST by
Now that Apple has announced its new more affordable iPhone 16e, our thoughts turn to what else we are expecting from the company this spring. There are three product categories that we are definitely expecting to get upgraded before spring has ended. Keep reading to learn what they are. If we're lucky, Apple might make a surprise announcement about a completely new product category. M4...
Generic iOS 18

Here's When Apple Will Release iOS 18.4

Wednesday February 19, 2025 11:38 am PST by
Following the launch of the iPhone 16e, Apple updated its iOS 18, iPadOS 18, and macOS Sequoia pages to give a narrower timeline on when the next updates are set to launch. All three pages now state that new Apple Intelligence features and languages will launch in early April, an update from the more broader April timeframe that Apple provided before. The next major point updates will be iOS ...
apple launch feb 2025

Tim Cook Teases an 'Apple Launch' Next Wednesday

Thursday February 13, 2025 8:07 am PST by
In a social media post today, Apple CEO Tim Cook teased an upcoming "launch" of some kind scheduled for Wednesday, February 19. "Get ready to meet the newest member of the family," he said, with an #AppleLaunch hashtag. The post includes a short video with an animated Apple logo inside a circle. Cook did not provide an exact time for the launch, or share any other specific details, so...
apple c1

Apple Unveils 'C1' as First Custom Cellular Modem

Wednesday February 19, 2025 8:08 am PST by
Apple today announced its first custom cellular modem with the name "C1," debuting in the all-new iPhone 16e. The new modem contributes to the iPhone 16e's power efficiency, giving it the longest battery life of any iPhone with a 6.1-inch display, such as the iPhone 15 and iPhone 16. Expanding the benefits of Apple silicon, C1 is the first modem designed by Apple and the most...
Apple Northbrook

Apple Store Permanently Closing at Struggling Mall in Chicago Area

Tuesday February 18, 2025 8:46 pm PST by
Apple is permanently closing its retail store at the Northbrook Court shopping mall in the Chicago area. The company confirmed the upcoming closure today in a statement, but it has yet to provide a closing date for the location. Apple Northbrook opened in 2005, and the store moved to a larger space in the mall in 2017. Apple confirmed that affected employees will continue to work for the...