Qualcomm Says It Will Appeal Court Decision in Intellectual Property Case

Qualcomm will appeal a Seoul High Court decision denying the company’s application to stay a remedial order issued against it by the Korea Fair Trade Commission, it said in a Tuesday announcement. The court denied Qualcomm's stay application, saying its business won't suffer irreparable harm if the KFTC's order remains in effect, said the company. The order reviewed by the court doesn't invalidate existing license agreements, doesn't prohibit Qualcomm from entering into licenses for its standard essential patents and other patents at the device level, and doesn't limit the royalties Qualcomm can seek or collect for SEPs under its current or future licenses "as long the license agreements are consistent with Qualcomm's fair, reasonable, and non-discriminatory terms commitments," it said. The order requires Qualcomm to engage in "good-faith negotiations with chip companies seeking a license and to negotiate possible amendments with current licensees upon request," it said. The decision doesn't affect Qualcomm's appeal of the underlying KFTC decision, which the Seoul High Court will consider later, said the company. "Qualcomm continues to believe that the KFTC's ruling is not supported by the facts and law, and was the product of a hearing and investigation that denied Qualcomm fundamental due process rights. Qualcomm also intends to preserve and pursue its arguments that the KFTC's underlying decision exceeds its authority and principles of international law by inappropriately seeking to regulate intellectual property rights arising under the laws of other nations, including the United States."