To: cold_snowman who wrote (195072 ) 8/4/2025 9:50:08 AM From: sbfm 9 RecommendationsRecommended By BDAZZ engineer John Hayman Lance Bredvold mk511 and 4 more members
Read Replies (2) | Respond to of 197031 It may be true that it would take time to force Apple to pay royalties. But, the obligation to pay would not be in doubt, nor would the amount (percentage). The current License Agreement was signed in early 2019 - roughly concurrent with the first 5G modems. Apple was - at that time - questioning Q's 5G patent positions (SEPS). I would bet that the 2019 LA contains recitations that Apple recognizes Q's patents in 5G (and more), recognizes that those patents are essential to building a compliant 5G phone, and sets the terms and rate to use those patents. Thus, before the LA, Apple questioned Qs rights to claim 5G royalties; but, the LA's recitations (the part of a contract specifying the facts upon which the contract is based), would have specifically recognized Q's rights to collect royalties. If Apple choses not to extend the LA and because it recognized Qs 5G SEPs, it would put itself in the position of a wilful patent infringer. That is a really bad place to be. (From Google AI: "Willful infringement occurs when someone knowingly and intentionally makes, uses, or sells a patented invention without permission, and with awareness that they are infringing on someone else's patent rights. It's not just a mistake or accidental infringement; it involves a deliberate disregard for the patent holder's rights. What are Willful Infringement Damages? When a court finds willful infringement, it can award enhanced damages, which can be up to three times the actual damages suffered by the patent holder. This is in addition to the regular damages for the infringement itself. The purpose of these enhanced damages is to punish the infringer for their bad behavior and deter others from similar conduct. How is Willful Infringement Determined? Courts consider several factors when determining if infringement was willful, including: Knowledge of the patent: Did the infringer know about the patent before infringing?Intent to infringe: Did the infringer intend to infringe upon the patent, or was it an accident?Actions taken despite knowledge: Did the infringer continue infringing after being made aware of the patent?") The facts of today are very different from the facts in 2018, 2019 (when Apple was questioning the basis for Qs rights to collect royalties). Injunction and punitive damages for refusing to pay Q's 5G SEPS are very likely - a huge risk for Apple. (Which is why I believe an extension of the LA will happen at the "last minute.") (Once we move to 6G, the 2019 scenario may repeat as Apple would question Q's 6G rights.)