Copyright Justin Sullivan, Getty Images
Industryweek 21684 Qualcomm G Justinsullivan
Industryweek 21684 Qualcomm G Justinsullivan
Industryweek 21684 Qualcomm G Justinsullivan
Industryweek 21684 Qualcomm G Justinsullivan
Industryweek 21684 Qualcomm G Justinsullivan

Qualcomm Sues Apple's Contract Manufacturers as Fight Escalates

May 17, 2017
Four Asian contract manufacturers, including Foxconn Technology Group and Pegatron Corp., aren’t complying with obligations to pay for the use of patented technology, according to Qualcomm.

Qualcomm Inc.’s battle with Apple Inc. (IW 500/2) is heating up as the chip company hauls assemblers of the iPhone into a U.S. court on claims they are failing to pay patent royalties.

Four Asian contract manufacturers, including Foxconn Technology Group and Pegatron Corp., aren’t complying with obligations to pay for the use of patented technology, according to a complaint Qualcomm (IW 500/45) said it filed in federal court in San Diego. The other two companies sued are Wistron Corp. and Compal Electronics Inc.

Unlike other smartphone companies, Apple doesn’t have a direct license with Qualcomm and instead pays contractors to make its devices, parts of which are used to cover royalties such as those owed under agreements struck before the first iPhone appeared. The chipmaker blamed Apple for dragging its contract manufacturers into the dispute, saying the decision not to give them money for royalties had stopped them from paying Qualcomm, according to the complaint.

“Their gripe, their issue, appears to be with Apple,” said Qualcomm General Counsel Don Rosenberg. “We’re suing to make the point that others shouldn’t be used by Apple to advance this agenda they have of attacking us.”

Qualcomm said Apple has agreed to cover the costs incurred by the contract manufacturers.

In addition to being one of the world’s largest maker of chips for mobile devices, Qualcomm also owns thousands of patents on fundamental technology that ensures all phones work. That means Qualcomm can collect money on every smartphone, even those that have chips made by other companies.

In a separate agreement, Qualcomm pays Apple under a deal that the iPhone maker has described as a sort of “rebate” to lower the cost of royalties. Qualcomm said those payments are really part of a complex series of agreements meant to ensure peace between the two.

In Apple’s antitrust lawsuit against Qualcomm, the iPhone maker claimed $1 billion worth of those payments are being withheld as punishment for talking to regulators who were investigating Qualcomm -- an allegation the San Diego-based company denies.

Apple has said it won’t give royalty payments to contract manufacturers until the dispute is resolved, according to Qualcomm. With the contractors in turn not paying Qualcomm, the chipmaker last month was forced to slash third-quarter forecasts because it’s unclear when the royalties will be paid.

Qualcomm, which gets the bulk of its profit from licensing revenue, has been under investigation worldwide by regulators over its negotiation tactics. Apple and other companies claim Qualcomm is charging unfairly high rates in violation of pledges to license inventions that are essential to comply with industry standards.

Samsung Electronics Co. and Intel Corp., two competing chipmakers, are backing a U.S. Federal Trade Commission antitrust suit against Qualcomm that was filed just before the Apple case.

Rosenberg said manufacturers like Foxconn have been put in the middle -- they’re paying royalties on non-Apple products as they have for a decade or more. It’s just the royalties on Apple products that aren’t getting paid.

“We are suing to get our money,” Rosenberg said. He likened the resistance to pay for the use of Qualcomm technology to someone walking into an Apple store and refusing to pay full price for a smartphone.

“Pay for what you take and if you don’t want to pay for it, don’t take it,” he said.

The case was filed in Qualcomm’s hometown because the contracts establish that as the location for any disputes to be resolved, he said.

By Susan Decker and Ian King

Popular Sponsored Recommendations

Empowering the Modern Workforce: The Power of Connected Worker Technologies

March 1, 2024
Explore real-world strategies to boost worker safety, collaboration, training, and productivity in manufacturing. Emphasizing Industry 4.0, we'll discuss digitalization and automation...

3 Best Practices to Create a Product-Centric Competitive Advantage with PRO.FILE PLM

Jan. 25, 2024
Gain insight on best practices and strategies you need to accelerate engineering change management and reduce time to market. Register now for your opportunity to accelerate your...

Transformative Capabilities for XaaS Models in Manufacturing

Feb. 14, 2024
The manufacturing sector is undergoing a pivotal shift toward "servitization," or enhancing product offerings with services and embracing a subscription model. This transition...

Shifting Your Business from Products to Service-Based Business Models: Generating Predictable Revenues

Oct. 27, 2023
Executive summary on a recent IndustryWeek-hosted webinar sponsored by SAP

Voice your opinion!

To join the conversation, and become an exclusive member of IndustryWeek, create an account today!