US trade commission probing Qualcomm iPhone complaint

San Francisco : The US International Trade Commission on Tuesday said it will look into Qualcomm's complaint that Apple is violating its patents in some iPhones.

The step, arguably procedural, means that the commission will assign Qualcomm's complaint to an administrative law judge for evidentiary hearings instead of dismissing it out of hand.

Qualcomm last month escalated a legal battle with Apple, filing a patent infringement lawsuit and requesting a ban on the importation of some iPhones, claiming unlawful and unfair use of the chipmaker's technology.

Qualcomm asked for an import ban on some iPhones with the US International Trade Commission, a quasi-judicial government agency which hears cases involving trade disputes.

"Qualcomm is pleased with the ITC's decision to investigate Apple’s unfair trade practices and the unauthorized importation of products using Qualcomm’s patents," executive vice president and general counsel Don Rosenberg said in a release.

The products at issue in the investigation are mobile devices such as the iPhone 7 and specific components including baseband processor modems, according to the commission.

The complaint alleges that iPhones, which are made in China, should not be allowed to be brought into the United States if they infringe on Qualcomm's patents.

Apple referred AFP to comment it made in June, saying that Qualcomm's "illegal business practices" are harming the iPhone maker and the entire industry.

Holders of standards-essential patents such as those at issue in Qualcomm's complaint have a responsibility to offer them at fair, reasonable, and non discriminatory terms, Apple chief executive Tim Cook pointed out during a recent earnings call with analysts.

"Qualcomm has not made such an offer to Apple," Cook said during the call.

"I don't believe anyone is going to decide to enjoin the iPhone based on that."