Contours of Apple-Qualcomm dispute: Apple emphasizes antitrust, FRAND, patent exhaustion — Qualcomm says contracts are contracts

On April 15, the Apple & contract manufacturers v. Qualcomm trial will start in San Diego (Southern District of California), and the stakes are high.This is a key month for pretrial filings. I've gleaned from the parties' joint pretrial brief on disputed contract terms that Qualcomm charges a 5% patent royalty on iPhone repairs performed by Foxconn and wants an extra $1.3 billion from three of Apple's four contract manufacturers as a late "processing and handling" charge. Beyond the joint pretrial brief, the parties have also filed literally dozens of motions, and yesterday (Saturday) they filed a total of more than 1,100 pages (!) relating to, and including, their proposed jury instructions and verdict forms.It's obviously impossible to discuss everything in detail. The purpose of this post is to provide a bird's-eye view of the parties' priorities in the upcoming trial. Those priorities are reflected by what Apple writes about…

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