Business Intellectual Property

Dispute on Intellectual Property

The mobile technology industry is never missing these cases with Qualcomm and Apple having gone back to the corridors of justice just after the conclusion of another legal battle. Qualcomm filed a patent infringement case against Apple with the ITC and US Federal Court of Justice in July 2017. With the complaint at ITC, Qualcomm accuses Apple of infringement of 6 of its Qualcomm’s patents and the application of the technology to get the high performance of the smartphone to increase its battery life. In the suit, Qualcomm made a claim for damages and interim relief with the US District Court for the Southern District of California. Some of the patents were issued in 2015 and 2017 (Freeman, 2017).

In response, Apple denied the claims of infringement as filed by Qualcomm and made its own accusations that Qualcomm had violated at least eight of its battery life patents. Their patents involved the having the phone’s process only use minimum power needed, switching off the parts of the processor when not being used and effective sleep and wake functions. The alleged infringements are on Qualcomm’s processors mainly used on Samsung and Google phones.

Both parties will need to produce evidence of infringement of the patent rights. Infringement of a patent is the unauthorized use, selling or importing patented inventions within the period of the patent. Qualcomm will need to prove that Apple is using its patented innovation without paying. Apple will also need to show that Qualcomm is infringing on its patent in their processors. If they prove that, the outcome may impose fines and penalties against each other for the infringements.

Disparaging Trademarks

In this ruling, the Supreme Court ruled that The Trademark Trial and Appeal Board had acted beyond its powers and violated a clause on the federal law in the act of prohibiting the disparaging trademarks (Swoyer, 2017). Regarding the legal implication, I agree with Supreme Court as it is the apex court of the land. It acted right according to the law, and as a society guided by the rule of law, we have to adhere to that. However, It is clear that there a gap in this law that can be used by organizations and individuals to trademark offensive names. The Supreme Court pointed out that the law needed to change and with this, I agree. This will help avoid instances where someone may trademark offensive and racist names just because the law is mum on this. This is a contentious issue that should be addressed.

References

Freeman, M. (2017). Qualcomm takes aim at Apple’s Flagship iPhone X, to Seek Partial Ban in US}. The San Diego Union-Tribune.

Swoyer, A. (2017). Supreme Court Ruling Against Censoring The Slants’ Name Bolsters Washington Redskins Trademark Case. Retrieved from https://www.washingtontimes.com/news/2017/jun/19/washington-redskins-trademark-fight-aided-by-supre/

Place your order
(550 words)

Approximate price: $22

Homework help cost calculator

600 words
We'll send you the complete homework by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 customer support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • 4 hour deadline
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 300 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more
× How can I help you?