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In battle with Apple, Qualcomm argues contradictory positions in two separate lawsuits

Qualcomm is arguing completely contradictory positions in two separate lawsuits relating to its battle with Apple.

In Korea, it is arguing that court records relating to the antitrust case brought against it should be sealed, so that Apple cannot view the information the company submitted in its defence. While in the US, it is wants evidence submitted by Apple to the FTC in 2016 to be made public …

In Korea, the Fair Trade Commission fined Qualcomm a total of 273 billion won ($242M) back in 2009. Qualcomm appealed, submitting a variety of documents to make its case, with mixed results. Korea’s Supreme Court upheld most of the award against the company, but Reuters reports that the FTC has today agreed to reduce the fine by 18%.

ET News reports that Qualcomm wants the records from the appeal to be sealed, so that Apple cannot use the company’s evidence in next month’s case in which Apple accuses Qualcomm of unfair business practices. It has reportedly filed no fewer than 40 lawsuits in its attempts to keep its documents secret.

According to industries and Seoul High Court, Qualcomm filed 40 cases of lawsuits regarding ‘limitation to its lawsuit and court records’ for the past 2 years […] Legal industry saw these lawsuits as ‘unusual’.

Qualcomm is stating within its lawsuits that it wants to prohibit FTC and supplement participants (LG Electronics, Apple, Intel, Mediatek, and Huawei) from viewing relevant information as lawsuit and court records contain its confidential business information. Supplement participants are companies that were harmed from Qualcomm’s unfair acts and they have basically formed a type of an ‘alliance’ with FTC.

However, in a separate lawsuit in the US, Qualcomm wants evidence that Apple provided to the Federal Trade Commission to be made public, so that it can use it for its defence in next month’s case.

Qualcomm filed a lawsuit to U.S. court asking evidence that FTC received from Apple in early 2016 while FTC was doing its investigation to be made public.

Taking contradictory positions in each country doesn’t seem likely to support the chipmaker’s position that it plays fair in its dealings with Apple …

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Avatar for Ben Lovejoy Ben Lovejoy

Ben Lovejoy is a British technology writer and EU Editor for 9to5Mac. He’s known for his op-eds and diary pieces, exploring his experience of Apple products over time, for a more rounded review. He also writes fiction, with two technothriller novels, a couple of SF shorts and a rom-com!

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