17-11-30 Qualcomm's Second ITC Complaint Against Apple

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NUMBER [email protected]
November30,
2017 Qj 3
VIA HAND DELIVERY ------------------------------------

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The I-Ionorable Lisa R. Barton, Secretar '
U.S. International Trade Commission
500 E Street, SW Room 112
Washington, DC 20436
Re: Certain Mobile Electronic DevicesAnd Radio Frequency And Processing Components
Thereof
Dear Secretary Barton:
Enclosed for ling, please nd documents in support of a request by Qualcomm Incorporated

(Complainant) that the U.S. International Trade Commission institute an investigation pursuant
to Section 337 of the Tariff Act of 1930, as amended, concerning certain mobile electronic
devices and radio frequency and processing components thereof. Complainants submission
includes the following documents:
1. One (1) original and eight (8) paper copies of Complainants Veried Complaint,
pursuant to Commission Rule 21O.8(a)(1)(i). _
2. One (1) electronic copy of the public exhibits to the Veried Complaint pursuant
K to Commission Rules 210.8(a)(1)(i) and 21O.l2(a)(9), including:
~"I a. one (1) electronic certied copy of each of United States Patent Nos.
9,154,356 (the 356 patent), 9,473,336 (the 336 patent), 8,063,674
(the 674 patent), 7,693,002 (the O02patent), 9,552,633 (the 633
patent), copies of which are respectively included as Exhibits 1, 3, 5, 7,
and 9 to the Veried Complaint pursuant to Commission Rule
210. l2(a)(9)(i); and
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b. one (1) electronic copy of the certied assignment records for each of the
356 patent, 336 patent, 674 patent, 0O2patent, and 633 patent, copies
of which are respectively included as Exhibits 2, 4, 6, 8, and 10 to the
Veried Complaint, pursuant to Commission Rule 2lO.12(a)(9)(ii).
One (1) electronic copy of the condential exhibits to the Veried Complaint,
pursuant to Commission Rules 201.6(0) and 2l0.8(a)(l)(ii).
One (1) additional copy of the Veried Complaint and accompanying electronic.
copies of the public exhibits, for service upon the Proposed Respondent, pursuant
to Commission Rules 2Ol.6(c) and 2lO.8(a)(l)(iii); and one (1) additional copy of
electronic copies of the condential exhibits to the Veried Complaint for service
upon the Proposed Respondents counsel after it has subscribed to the protective
order.
Four (4) electronic copies each of the certied prosecution history of the 356
patent, 336 patent, 674 patent, 0O2patent, and 633 patent, which are
respectively identied as Appendices A, C, E, G, and I to the Veried Complaint,
pursuant to Commission Rule 21O.l2(c)(l).
Four (4) electronic copies each of each patent and applicable pages of each
teclmical reference mentioned in the prosecution history of the 356 patent, 336
patent, 674 patent, 0O2patent, and 633 patent, which are respectively identied
as Appendices B, D, F, H, and J to the Veried Complaint, pursuant to
Commission Rule 2l0.l2(c)(2). "
Three (3) physical samples of representative imported articles that are the subject
of the complaint (Physical Exhibits Pl-P3 to the Veried Complaint).
A letter and certication requesting condential treatment for the information

contained in condential exhibits 12C-16C and 18C-23C to the Veried
Complaint, pursuant to Commission Rules 20l.6(b) and 210.5(d).
A Statement on the Public Interest regarding the remedial orders sought by

Complainants in the Veried Complaint, pursuant to Commission Rule 2lO.8(b).
Please contact me with any questions regarding this ling.

Page 3
Dated: November 30, 2017

Respectfully s ' ed,
S. Alex Lasher
Counselfor Complainant Qualcomm
Incorporated
Enclosures
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777 Sixth Street N\N, nth Floor, VVashing1:on, District of Columbia 1ooo1e37o6 TEL (202) 538/8000 l FAX (zoz) ';38~81oo
wRl'FER'S DIRECT DIAL NO.

(202) 538-8104
WRlTER'S INTERNET ADDRESS

[email protected]
REQUEST FOR CONFIDENTIAL TREATMENT
November 30, 2017
VIA HAND DELIVERY
The Honorable Lisa R. Barton, Secretary

U.S. International Trade Commission
500 E Street, SW ~ Room 112
Re: Certain Mobile Electronic DevicesAnd Radio Frequency And Processing Components
Thereof
Dear Secretary Barton:
Pursuant to Commission Rule 201.6, Complainant Qualcomm Incorporated respectfully

requests condential treatment of certain condential business information contained in
condential exhibits 12C-16C and 18C-23C to the Veried Complaint.
The information in the exhibits for which Complainant seeks condential treatment
consists of proprietary commercial information, including condential and proprietary licensing
information, technical information related to domestic articles protected by Complainants
asserted patents, technical infonnation related to accused products articles obtained from
nonpublic teardowns, and nancial data regarding Complainants domestic investments in plant
and equipment and labor and capital related to domestic articles protected by Complainants
asserted patents.
The proprietary infonnation described herein qualies as condential business

information under Commission Rule 201.6 because substantially-identical information is not
available to the public, because the disclosure of this information would cause substantial
competitive harm to Complainant, and because the disclosure of this information would likely
impede the Commissions efforts and ability to obtain similar information in the future.
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Thank you for your attention. Please contact me with any questions regarding this
request for condential treatment.
Respectfully sub ' ,
S. Alex Lasher
Incorporated
Enclosure (Certication)
UNITED STATES INTERNATIONAL TRADE COMMISSION
~ WASHINGTON, D.C.
In the Matter of
CERTAIN MOBILE ELECTRONIC Inv. N0. 337-TA-__

DEVICES AND RADIO FREQUENCY
AND PROCESSING COMPONENTS
THEREOF
CERTIFICATION
I, S. Alex Lasher, counsel for Complainant Qualcomm Incorporated, declare as follows
l. I am duly authorized by Complainant to execute this certication.
2. I have reviewed condential exhibits 12C-16C and 18C-23C to Complainants

Veried Complaint, for which Complainant seeks condential treatment.
3. To the best of my knowledge, information, and belief, founded after a reasonable

inquiry, substantially-identical infonnation to that contained in the exhibits is not
available to the public.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 30th day of November, 2017 in Washington, DC.
S. lex Lasher
WASHINGTON, D.C.
ln the Matter of
CERTAIN MOBILE ELECTRONIC Investigation N0. 337-TA

THEREOF
COMPLAINANTS INITIAL STATEMENT ON THE PUBLIC INTEREST

Pursuant to Commission Rule 210.8(b), Complainant Qualcomm Incorporated
(Qualcomm) respectfully submits this Statement on the Public Interest regarding the remedial
orders that Qualcomm seeks against Proposed Respondent Apple Inc. (Apple). Qualcomm seeks a
permanent limited exclusion order excluding from entry into the United States certain mobile
electronic devices that do not incorporate a Qualcomm brand baseband processor modem and that
infringe one or more of claims 1, 7, 8, 10, 11, 17 and 18 of U.S. Patent No. 9,154,356 (the 356
patent), and/or claim 4 ofU.S. Patent No. 9,473,336 (the 336 patent), and/or claims 1, 5-8, 12,
16-18, 21, and 22 ofU.S. Patent No. 8,063,674 (the 674 patent), and/or claims 1- 4, 7-9, 11, 17,
20- 23, 31- 33, and 36 of U.S. Patent No. 7,693,002 (the 0O2patent), and/or claims 1-3, 10-12,
18, and 22-24 of U.S. Patent No. 9,552,633 (the 633 patent),1 either literally or under the doctrine
of equivalents. Qualcomm also seeks permanent cease and desist orders prohibiting Apple, its
subsidiaries, related companies, and agents from conducting any of the following activities in the
United States: importing, admitting or withdrawing from a foreign trade zone, marketing,
advertising, demonstrating, testing, warehousing inventory of, distributing, offering for sale, selling,
licensing, programming, packaging, repackaging, bundling, updating, soliciting U.S. agents or
distributors for, or aiding and abetting other entities in the importation, sale for importation, sale
after importation, transfer, or distribution of its infringing mobile electronic devices and do not
include a Qualcomm brand baseband processor modem. The accused mobile electronic devices are
the types of products commonly before the Commission and have been the subject ofpast remedial
orders. No exceptional circtmistances exist to preclude Qualcomm from obtaining the remedial
relief to which it is entitled under Section 337.
1None of the asserted patents is a Standards Essential Patent (SEP), none was declared
essential to a standards development body, and none is essential to a promulgated standard.
l
I. INTRODUCTION
The Commission has long recognized a strong public interest in protecting the intellectual
property rights of innovative domestic companies such as Qualcomm. Indeed, Section 337 was
designed to protect companies like Qualcomm from the unauthorized use of their patented
technology and to prevent infringement through unfairly traded imports. That is the case here.
Qualcomms patents (which here are not SEPs) entitle it to prevent others from infringing.
Apple can import iPhones (regardless of who supplies the modems) that do not infringe the patents
asserted in this action, but Apple has no inherent right to infringe Qualcomms NSEPs through the
sale of its iPhones. Preventing such infringement, and thereby rewarding innovation, is the very
purpose for which the patent system was designed. Qualcomms enforcement of its intellectual
property rights is consistent with this purpose.
Qualcomms requested remedial orders raise no public interest concerns because: (l) the
accused products do not serve any essential public health or welfare objective; (2) any demand for
the products that would be subject to the requested remedial orders could be lled by Apple mobile
electronic devices that include Qualcomm brand baseband processor modems; and (3) U.S.
consumers would not face any potential shortage of like or directly competitive products.
Accordingly, this investigation does not present any unique public interest concerns that would
require the Commission to deviate from its practice of issuing remedial orders covering infringing
mobile electronic devices. See, e.g., Certain Electronic Digital Media Devices and Components
Thereof, Inv. No. 337-TA-796, Commn!Op..(Sept. 6, 2013); Certain Electronic Devices, Including
Wireless Communication Devices, Portable Music. and Data Processing Devices, and Tablet
Computers, Inv. No. 337-TA-794, Commn Op. (July 5, 2013); Certain Personal Data and Mobile
Communications Devices and Related Software, Inv. No. 337-TA-710, Commn Op. (Dec. 29,
2011).
2
II. USE OF THE ACCUSED PRODUCTS IN THE UNITED STATES
The accused products are Apples imported mobile electronic devices that do not incorporate
a Qualcomm brand baseband processor modem, including mobile phones and tablet computers that
infringe one or more claims of the Asserted Patents. These products are manufactured abroad and
sold to consumers throughout the United States.
III. THE ACCUSED PRODUCTS DO NOT PRESENT ANY PUBLIC HEALTH,

SAFETY, OR WELFARE CONCERNS RELATING TO THE REQUESTED
REMEDIAL ORDERS
There are no public health, safety, or welfare considerations that weigh against remedial
relief. The accused products are common consumer goods, which the Commission has consistently
found do not present public health, safety or Welfare concerns. See, e.g., Electronic Digital Media
Devices, Commn Op. at 114-115; Electronic Devices, Commn Op. at 109; Personal Data and
Mobile Communications Devices, Commn Op. at 76. And Apple has echoed this sentiment in
previous investigations. See Electronic Digital Media Devices, Apples Submission on Remedy,
Bond, and Public Interest at 19 (June l 1, 2013) (mobile electronic devices do not have any
specialized public health, safety, or welfare applications, nor are they the type of products that affect
public health and welfare); Personal Data and Mobile Communications Devices, Apples Public
Interest Statement at 2 (Aug. 25, 201 1) (mobile electronic devices do not implicate any particular
public health, safety, or welfare concerns).
IV. NUMEROUS LIKE OR DIRECTLY COMPETITIVE ARTICLES ARE AVAILABLE

TO SATISFY DEMAND FOR THE EXCLUDED PRODUCTS
The sale of mobile electronics in the U.S. is highly competitive with a diverse eld of
participants offering products that directly compete with Apples accused products. Third parties
sell more than half of the smartphones in the U.S. and could easily ramp up production to replace
any excluded Apple products. Apple itself sells mobile electronic devices that use a Qualcomm
3
brand baseband processor modem, which could replace any accused products subject to an exclusion
order.
Further, remedial orders would not have any negative impact on competitive production in
the United States because the accused products and their replacements are manufactured overseas.
See Certain Digital Televisions & Certain Prods. Containing Same & Methods of Using Same, Inv.
No. 337#TA-617, Comm'n Op. at 15 (Apr. 23,2009).
V. REMEDIAL ORDERS WOULD NOT NEGATIVELY IMPACT U.S. CONSUMERS
As previously discussed, if the Apple accused products are excluded, U.S. consumers will
continue to have numerous available options for mobile electronic devices, including products sold
by Apple that include Qualcormn brand baseband processor modems. Thus, there will be no
reduction in consumer choice.
VI. CONCLUSION
This investigation does not present any special public interest issues. Issuance of the
requested remedial relief against Apples accused products will support the strong public interest in
protecting intellectual property rights held by highly innovative companies like Qualcomm. That
interest is not outweighed by any hypothetical adverse impact to the U.S. public, especially because
of the signicant number of manufacturers that can readily satisfy any new demand created by
issuance of the requested remedial orders. Accordingly, the Commission should institute this
investigation.
4
L4
Respectfully submitted,
S. Alex Lasher
QUINN EMANUEL URQUHART & SULLIVAN, LLP
777 6th Street NW, 11th Floor
Te1.: (202) 538-8000
David A. Nelson
Stephen Swedlow
500 West Madison St., Suite 2450
Chicago, Illinois 60661
Te1.: (312) 705-7400
Steven Cherny
Richard W. Erwine
Alexander Rudis
Patrick Curran
51 Madison Avenue, 22nd Floor
New York, NY 10010
Te1.: (212) 849-7000
Sean S. Pak
QUINN EMANUELURQUHART & SULL|vAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Te1.: (415) 875-6600
Tom M. Schaumberg
Deanna Tanner Okun
Beau Jackson
ADDUCI, MASTRIANI & SCHAUMBERG,L.L.P.
1133 Connecticut Avenue, N.W., 12th Floor
Te1.: (202) 467-6300
Evan R. Chesler
Keith R. Htunmel
Richard J. Stark
Gary A. Bomstein
J. Wesley Earnhardt
Yonatan Even
Vanessa A. Lavely
5
CRAVATH, SWAINE& M00115 LLP
Worldwide Plaza, 825 Eighth Avenue
New York, NY 10019
Tel.: (212)474-1000
Richard S. Zembek
Eric B. Hall
Daniel S. Leventhal
Talbot R. Hansum
NORTON ROSE FULBRIGHTUS LLP
Fulbright Tower
1301 McKinney, Suite 5100
Houston, TX 77010
Tel.: (713) 651-5151
Counselfor Complainant Qualcomm Incorporated
6
WASHINGTON, D.C.
In the Matter of
Investigation No. 337-TA
CERTAIN MOBAILEELECTRONIC
DEVICES AND RADI0 FREQUENCY
THEREOF
COMPLAINT UNDER SECTION 337 OF THE

TARIFF ACT OF 1930, AS AMENDED
7
Complainant Proposed Respondent
Qualcomm Incorporated Apple Inc.

5775 Morehouse Drive 1 Infinite Loop
San Diego, CA 92121 Cupenino, CA 95014
Tel. (858) 587-1121 Tel. (408) 996-1010

Incorporated
S. Alex Lasher
QUINN EMANUEL URQUHART & SULLIVAN,
LLP
777 6th Street NW, llth Floor
Tel.: (202) 538-8000
\
David A. Nelson
Stephen Swedlow
LLP
Tel.: (312) 705-7400
Steven Cherny
Richard W. Erwine
Alexander Rudis
Patrick Curran
LLP
New York, NY 10010
Te1.: (212) 349-7000
Sean S. Pak
QUINN EMANUEL URQUHART & SULLIvAN,
LLP
Tel.: (415) 875-6600
Tom M. Schaurnberg
Deanna Tanner Okun
Beau Jackson
ADDUCI, MASTR1ANI& SCHAUMBERG,
L.L.P.
Tel.: (202) 467-6300
Evan R. Chesler
Keith R. Hummel
Richard J. Stark
Gary A. Bornstein
J. Wesley Earnhardt
Yonatan Even
Vanessa A. Lavely
CRAVATII, SWAINE & MOORE LLP
New York, NY 10019
Tel.: (212) 474-1000
Richard S. Zembek
Eric B. Hall
Daniel S. Leventhal
Talbot R. Hansum
NORTONRoss FULBRIGHTUS LLP
Fulbright Tower
Houston, TX 77010
Tel.: (713) 651-5151
TABLE OF CONTENTS
Page
INTRODUCTION .............................................................................................. .. .... ..1
PARTIES ............................................................................................................ .. ......4
A. Qualcomm Incorporated ......................................................................... .. ......4
B. Apple Inc. ............................................................................................... .. .... ..8
THE TECHNOLOGIES AND PRODUCTS AT ISSUE ................................... .. .... ..8
A. Products At Issue .................................................................................... .. .... ..8
B. Background Of The Technology ............................................................ .. .... ..8
THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS OF

THE I.NVENTlONS ................................................................................................... ......13
A. The 356 Patent .............................................................................................. ......l3
1. Identification and Ownership of the 356 Patent .................................... .. 13
2. Foreign Counterparts to the 356 Patent ................................................. ..14
3. Non-Technical Description of the 356 Patent ....................................... .. 14
B. The 336 Patent .............................................................................................. ......15
1. Identification and Ownership of the 336 Patent ................................ ......15
2. Foreign Counterparts to the 336 Patent ............................................. ......l5
3. Non-Technical Description of the 336 Patent ........................... .. ....15
C. The 674 Patent .............................................................................................. ......16
1. Identification and Ownership of the 674 Patent .................................... ..16
2. Foreign Counterparts to the 674 Patent ................................................. ..17
3. Non-Technical Description of the 674 Patent ....................................... ..17
D. The OO2Patent .................................................................................................. .. 17
1. Identification and Ownership of the O02Patent .................................... ..17
i
2. Foreign Counterparts to the 002 Patent ..................................... ..
3. Non-Technical Description of the 002 Patent ........................... ..
E. The 633 Patent ...................................................................................... ..
1. Identification and Ownership of the 633 Patent ........................ ..
2. Foreign Counterparts to the 633 Patent ..................................... ..
3. Non-Technical Description of the 633 Patent ........................... ..
F. Licensees to the Asserted Patents ........................................................... ..
V. APPLES INFRINGEMENT OF THE ASSERTED PATENTS ....................... ..
A. Infringement of the 356 Patent .............................................................. ..
B. Infringement of the 336 Patent .............................................................. ..
C. Infringement of the 674 Patent .............................................................. ..
D. Infringement of the 002 Patent .............................................................. ..
E. Infringement of the 633 Patent .............................................................. ..
VI. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE ...............
VII HARMONIZED TARIFF SCHEDULE NUMBERS ........................................ ..
VIII. RELATED LITIGATION .................................................................................. ..
IX. THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS
A. Technical Prong ...................................................................................... ..
B. Economic Prong ..................................................................................... ..
X. RELIEF REQUESTED ...................................................................................... ..
ii
~ EXI-HBIT LIST
Certified Copy of U.S. Patent No. 9,154,356

Assignment Records for U.S. Patent No. 9,154,356
Certied Copy of U.S. Patent No. 9,473,336
Assignment Records for U.S. Patent N0. 8,063,674
9 Certified Copy of U.S. Patent No. 9,552,633
10 Assignment Records for U.S. Patent No. 9,552,633
ll List of Foreign Counterparts
12C Confidential List of Licensees to One or More of the Asserted Patents
13C Confidential Representative Infringement Claim Charts for the 356 Patent
16C Confidential Representative Infringement Claim Charts for the O02Patent
17 Representative Infringement Claim Charts for the 633 Patent
18C Confidential Declaration of Tim Durkin Regarding Economic Domestic Industry
19C Confidential Representative Domestic Industry Claim Charts for the 356 Patent
I
22C CondentialRepresentative Domestic Industry Claim Charts for the O02Patent

24 October 2016 Earnings Call
25 Importation Declaration
26 Apple 2017 10K
iii
PHYSICAL EXHIBIT LIST
3 l
P1 | Agple iPhone 7 _
P2 | Apple iPhone 8
P3 | AQp1eiPh0ne 7 Plus
iv
APPENDIX LIST
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f seasat,
1
Certied Prosecution History of U.S. Patent No. 9,154,356
Patents and Applicable Pages of Technical References Mentioned in the
Prosecution History of U.S. Patent No. 9,154,356
Certified Prosecution History of U.S. Patent No. 9,552,633
V
I. INTRODUCTION
' 1. Complainant Qualcomm Incorporated (Qualcomm" or Complainant)
respectfully files this complaint under Section 337 of the Tariff Act of 1930, as amended, l9
U.S.C. 1337, based on Proposed Respondent Apple Inc.s (Apple or Resp0ndent)
unlawful importation into the United States, sale for importation into the United States, and/or
sale within the United States after importation of certain mobile electronic devices, including
mobile phones.
2. This complaint is directed to Apples imported mobile electronic devices that do
not incorporate a Qualcomm brand baseband processor modem, including mobile phones that
infringe one or more of claims 1, 7, 8, 10, ll, 17, and 18 of U.S. Patent No. 9,154,356 (the
356 patent), and/or claim 4 of U.S. Patent N0. 9,473,336 (the 336 patent), and/or claims 1,
5-8, 12, 16-18, 21, and 22 of U.S. Patent N0. 8,063,674 (the 674 patent"), and/or claims 1, 2,
3, 4, 7, 8, 9, 11, 17, 20, 21, 22, 23, 31, 32, 33, and 36 of U.S. Patent No. 7,693,002 (the 0O2
patent), and/or claims 1-3, 10-12, 18, and 22-24 of U.S. Patent No. 9,552,633 (the 633
patent) (collectively, the Asserted Patents"), either literally or under the doctrine of
equivalents.
3. The only products at issue in this complaint are Apples mobile electronic
devices that do not incorporate a Qualcomm brand baseband processor modem (Accused
Devices). Apples mobile electronic devices that do incorporate a Qualcomm brand baseband
processor modem are not the subject of this complaint, and Complainant will not seek
enforcement of any 1TCremedial order that issues as a result of this Investigation against
products that contain a Qualcomm brand baseband processor modem.
1 Qualcomm brand baseband processor modems are designed, sold, and distributed by
Qualcomm and its affiliates.
l
l
4. Exemplary models of Apples mobile electronic devices at issue in this
complaint include the Apple iPhone 7, Apple iPhone 7 Plus, Apple iPhone 8, Apple iPhone 8
Plus, and Apple iPhone X that do not incorporate a Qualcomm brand baseband processor
modem? V
5. The following table provides a summary of the asserted claims of the Asserted
Patents (independent claims in bold):
=
.l *1 .;
9,154,356 1, 7, 8,1O,11, 17,18
9,473,336
8,063,674 6 7 8 12 16 17 l8,21,22
7,693,002 1, 2, 3, 4, 7, 8, 9,11, 17, 20,21, 22, 23, 31, 32, 33, 36
9,552,633 1, 2, 3, 10, 11, 12, 18, 22, 23, 24

I
6. Qualcomm, based in San Diego, Califomia, is a global semiconductor and
telecommunications company that designs and markets wireless telecommunications products
and services. It is the largest domestic provider of telecommunications chipsets and software.
Since its founding in 1985, Qualcomm has invested billions of dollars in theUnited States
researching and developing innovations that have enabled wireless telecommunications and
countless mobile technologies. These market-changing innovations have allowed Qualcomm to
grow into onc of the largest technology companies in the United States, where it now employs
over 18,000 people, more than two-thirds of Whom are engineers. \
2 The identification of a specific model or type of mobile electronic device is not intended to
limit the scope of the investigation. Discovery may reveal that additional Apple products
infringe the asserted patent claims and/or that additional claims are infringed.
2
7. Y Qualcomm helped pioneer advances at the heart of cellular connectivity,
enabling not only Apples mobile electronic devices, but also the entire smartphone revolution.
Qualcomms patented technologies allow Apples mobile electronic devices to send and receive
vast amounts of data at lightning speed. Qualcomm also invented critical technologies
improving functions throughout every modern cellular device. Indeed, Qualcomms inventions
make mobile electronic devices desirable to consumers in their daily lives.
8. Apple rose to dominance relying heavily on Qualcomms technology that
enables numerous important features on the iPhone, including providing better battery life.
Further, the iPhones value to customers is driven by its Qualcomm-enabled ability to connect
with and transfer data over networks at rapid speeds. Apple CEO Tim Cook has confirmed on
multiple occasions the heavy dependence of the iPhone on high-speed cellular connectivity for
its success. (Ex. 24, April/October 2016 statements (There are enormous investments going on
in 4G, and we couldn't be more excited about that because it really takes a great network
working with iPhones to produce that great experience for people.").)
9. Apples unlicensed and unauthorized use of Qualcomms technologyincluding
the technology disclosed in the Asserted Patents--to import and sell mobile electronic devices
in the United States constitutes an unfair act within the meaning of Section 337.
10. On information and belief, the Accused Devices are manufactured and/or sold
for importation into the United States, imported into the United States, and/or sold after
importation into the United States by or on behalf of Apple.
11. A domestic industry as required by 19 U.S.C. 1337(a)(2) and (3) exists in the
United States relating to articles protected by Qualcomms Asserted Patents. Qualcomms
domestic industry includes significant investments in plant and equipment, significant
3
employment of labor and capital, and substantial investments in the exploitation of the
inventions claimed in Qualcomms Asserted Patents, including through engineering, research,
and development.
12. Qualcomm seeks as relief a permanent limited exclusion order under 19 U.S.C.
1337(d) barring from entry into the United States infringing Accused Devices, or Accused
Devices that are manufactured abroad, sold for importation into the United States, and/or sold in
the United States after importation by or on behalf of Apple.
13. Qualcomm further seeks a permanent cease and desist order under 19 U.S.C.
1337(f) prohibiting Apple from importing, admitting or withdrawing from a foreign trade
zone, marketing, advertising, demonstrating, testing, warehousing inventory of, distributing,
offering for sale, selling, licensing, programming, packaging, repackaging, bundling, updating,
soliciting U.S. agents or distributors for, or aiding and abetting other entities in the importation,
sale for importation, sale after importation, transfer, or distribution of its infringing Accused
Devices.
14. Qualcomm further seeks the imposition of a bond upon importation of Accused
Devices that infringe one or more claims of the ASS6l'IlC1

Patents, during the 60-day Presidential
review period pursuant to 19 U.S.C. 1337(j).
II. PARTIES
A. Qualcomm Incorporated
15. Qualcomm Incorporated is a publicly-traded corporation organized and existing
under the laws of the State of Delaware, with its principal place of business located at 5775
Morehouse Drive, San Diego, California 92121.
16. Qualcomm was founded in 1985 when seven industry visionaries came together
to discuss the idea of providing quality wireless communications. For more than 30 years,
4
l
Qualcomm has been in the business of researching, designing, developing, and selling
innovative semiconductor and cellular technologies and products for the telecommunications
and mobile industries.
17. Today, Qualcomm is one of the largest technology, semiconductor, and
telecommunications companies in the United States, where it has over 18,000 employees, 68 l
percent of whom are engineers, and occupies more than 92 buildings (totaling over 6.5 million
sq. ft.) in seventeen states and the District of Columbia. The vast majority of Qualcomms
research and development occurs in the United States.
18. At the core of Qualcomms business is its industry-leading research and
development focused on enabling cellular systems and products. Since its founding, Qualcomm
has invested tens of billions of dollars in research and development related to cellular, wireless
communications, and mobile processor technology. Qualcomms massive research and
development investments have produced numerous innovations. Because of this ongoing
investment, Qualcomm continues to drive the development and commercialization of successive

l
generations of mobile technology and is one of a handful of companies leading the development
of the next-generation 5G standard.
19. From its inception, Qualcomm has specialized in innovations to improve digital,
wireless communications systems. Qualcomm is an innovator at both the software level (e.g.,
industry-leading software that runs on a variety of different mobile devices) and at the hardware
level (e.g., innovative chips that enable cutting-edge performance and features in mobile !
devices). As a result of its unparalleled commitment to research and development, Qualcomm
has a diverse patent portfolio.
5
l
20. Qualcomm now holds over 19,860 U.S. patents, including the Asserted Patents
in this investigation.
21. Qualcomms patent portfolio includes patents that are essential to cellular
standards, patents that are essential to other standards, and patents that are not essential to any
industry standard but reect valuable non-standardized technologies.
22. A standard-essential patent (SEP) is a patent that is technically necessary to
practice a feature of an industry standard. A non-standard-essential patent (NSEP) is not
technically necessary to practice any feature of an industry standard, but an NSEP may cover an
invention that provides important functionality and value to cellular devices or systems and may
be highlydesired by consumers, cellular device manufacturers, suppliers, or network operators.
23. As a result of its decades-long commitment to cellular and other mobile R&D,
Qualcomm owns tens of thousands of SEPs and NSEPs worldwide.
24. All five ASSBI"[6dPatents are NSEPs covering Qualcomms proprietary
technology and are not necessary to practice any feature of an industry standard.
25. Cellular communications pose multiple engineering challenges for cellular
systems and mobile devices, such as the Apple iPhone. The speed and volume of cellular
communications are constrained by the radio spectrum over which voice and data travel, as well
as by performance requirements such as voice quality, call drop rate, average data rate,
maximum data rate, battery life, and coverage. Additionally, cellular networks are expensive to
deploy and operate. Thus, communication systems and methodologies face the fundamental
challenge of allowing mobile devices and network equipment to share the capacity of any given
portion of the radio spectrum while still meeting performance requirements.
6
I
26.. Cellular technologies must also address further challenges regarding mobile
I
devices and how they interact with the network. The software and hardware that power mobile
electronic devices must make the most efficient use of the scarce spectrum available while
working within the size and power constraints of the devices, which need to be small,
lightweight, and efficient. The usefulness of any cellular device depends on these enabling
technologies, which are the technologies that Qualcomm has spent 30 years developing.
27. A substantial portion of Qua1comms research and development activities also
have been directed to its cutting-edge integrated circuit chipsets, which combine multiple
technologies, including advanced multimode modems, application processors, and graphics
engines, as well as the tools to connect these diverse technologies, for use in consumer products
such as smartphones, tablets, and other electronic devices. In addition to 3G and 4G LTE
technologies, Qualcomms chipsets support other wireless and wired connectivity and positional
l
technologies, including Bluetooth, Ethernet, GPS, and GLONASS. Qualcomms technology
has also evolved into some of the most advanced systems-on-chips integrating multiple
technologies, including graphics engines, application processors, and multimode modems, onto
a single semiconductor chip.
28. Qualcomm also conducts research, development, and testing through its use of
Mobile Test Platforms (MTPs), which are manufactured in the United States at Qualcomms
facilities and incorporate Qualcomms modems, processors, and other chipsets, along with
third-party chips into a physical device used for testing and analysis. For example, Qualcomm
l
works with base station partners to verify the operation and performance of the MTPs. 7
Qualcomm sells these MTPs to its customers and shares schematics and test results with
potential and existing customers based on this MTP analysis.
I
B. Apple Inc.
29. Apple Inc. is a California corporation with a principal place of business at l
Innite Loop, Cupertino, California, 95014.
30. Apple is a dominant seller in both the global and domestic markets for mobile
electronic devices. While Apples mobile electronic devices are ubiquitous today, Apple had
nothing to do with creating the technology that forms the backbone of the cellular industry.
31. On infonnation and belief, Apple designs, develops, tests, imports into the
United States, offers for sale, sells for importation into the United States, and sells in the United
States after importation infringing mobile electronic devices, including devices sold under the
tradenames Apple iPhone 7, Apple iPhone 7 Plus, Apple iPhone 8, Apple iPhone 8 Plus, and
Apple iPhone X. I
32. Apple does not have a license from Qualcomm to the Asserted Patents.
III. THE TECHNOLOGIES AND PRODUCTS AT ISSUE
A. Products At Issue
33. Pursuant to Commission Rule 2l0.l2(a)(l2), the Accused Devices include,
without limitation, certain mobile electronic devices that do not include a Qualcomm brand
baseband processor modem, including devices sold under the tradenames Apple iPhone 7,
Apple iPhone 7 Plus, Apple iPhone 8, Apple iPhone 8 Plus, and Apple iPhone X, that infringe
one or more claims of the Asserted Patents.
B. Background Of The Technology _
34. The technologies at issue in this investigation are an innovative collection of
technologies for power management and performance enhancements in mobile electronic
devices. These technologies relate to various aspects and features of mobile devices, including
the design, structure, and operation of products with enhanced carrier aggregation functionality,
8
power-efficient radio frequency (RF) signal reception, power-efcient processor and memory
architectures, and image processing.
35. Qualcomm has been at the forefront of advancing wireless communications and
mobile device technologies, including the development and commercialization of each
successive generation of cellular technology from second-generation (2G) technologies through
the upcoming fifth-generation (SG) technologies. Each new generation of cellular technology
has depended on countless inventions from a small number of innovators around the world,
none more signicant than Qualcomm.
36. The first commercial cell phone networks were deployed in 1983. These rst
generation (IG) networks relied onanalog technology, which was fundamentally limited and
prohibitively expensive. Call quality was poor, and signals often crossed into neighboring
frequencies, causing interference and dropped calls.
37. By the mid-to-late 1980s, a digital technology called Time Division Multiple
Access (TDMA) had been developed. TDMA digitized and compressed callers voices,
divided a given frequency channel into time slices, and then sent packets of compressed data
associated with multiple conversations in rotation in that same frequency, thus enabling
multiple users and conversations to share the same frequency. By the late 19805, the European
Union determined that its wireless networks would use a TDMA standard known as the Global
System for Mobile communications (GSM).
38. In 1989, Qualcomm publicly announced its groundbreaking Code Division
Multiple Access (CDMA) technology. CDMA offered far better call clarity than TDMA and
promised to accommodate roughly ten times as many calls on a single network compared to an
analog system. Instead of transmitting data in time slots, CDMA allows a large number of users
9
to communicate at the same time, sharing the same frequency channel. Data associated with
different conversations (or data transmissions) are distinguished from one another through the
use of codes. Individual calls are encoded, transmitted, identified, and then decoded and
reassembled on the receiving end. By the mid-1990s, CDMA technology had been widely
accepted.
39. Based in large part on Qualcomms innovations, the mobile industry was thriving
by the late l990s. As the industry grew, it began working on a 3G solution that could provide
improved data transmission, reliability and network efficiency. Ultimately, all new 3G
variations that achieved commercial importance were fundamentally based on Qualcomms
CDMA method. '
40. Led by Qualcomms efforts, 3G technology became significantly more advanced
in its later years with the releases of major enhancements to Wideband Code Division Multiple
Access (WCDMA) technology. This led to the adoption of 3.5G and 3.75G standards,
which signicantly increased data speeds and were critical to the smartphone revolution.
41. Qualcomm also began researching 4G technologies years before those
technologies were standardized, and a decade before their significant commercial rollout. As
various industry players worked on 4G technologies, Qualcomm made fundamental
contributions such as the application of Orthogonal Frequency Division Multiplexing
(OFDM). OFDM became the basis for the 4G standards broadly known as Long-Term
Evolution (LTE). This innovation once again expanded network space and vastly boosted
data rates.
42. It was the development of 3G and 4G technologiesenabled in large part by
Qualcommthat allowed smartphones to send and receive vast amounts of data at lightning
10
speed and propelled smartphones (including the iPhone) to become the fastest-selling consumer
electronics devices in history. Qualcomm continues to be a leading contributor to LTE.
43. Qualcomm also expends considerable effort and resources toward the research
and development of various customized integrated circuits known as Application Specific
Integrated Circuits (ASICs) for use in mobile electronic devices. Qualcomms core chip
products for mobile electronic devices are: (1) Baseband Modem chips, which process received
voice and data information and prepare the same for transmission; (2) Radio Frequency (RF)
chips, which transmit and receive radio signals Iusing multiple frequencies; (3) Power
Management chips, which optimize power consumption across mobile electronic devices; (4)
applications processors, which act as the central processing unit of the mobile electronic
devices; and (5) chipsets that include a combination of the above products as well as other
hardware elements to support the functionality of mobile electronic devices.
44. As a longstanding worldwide leader in mobile technology innovation,
Qualcomm profoundly understands the pressing need of mobile devices capable of high
performance computing, effective signal transmission, and powerful image processing, all while
using minimal power. Today, Qualcomms massive investments in enhanced carrier
aggregation, power-efficient radio frequency (RF) signal reception, power-efficient processor
and memory architectures, power management circuitry, image processing, LTE technology,
and chip product development have facilitated the development of enhanced power
consumption in mobile products, better carrier aggregation, 4G in wireless communications, and
the proliferation of suppliers offering LTE chipsets. Indeed, Qualcomm was the first to make
LTE chips available to device makers and continues to offer the best quality modem and LTE
chips with enhanced capabilities. Qualcomm has driven and continues to drive the development
ll
of mobile technologies and modems to not only benefit consumers, but to also drive consumer
demand for new mobile electronic devices.
45. The Asserted Patents reect Qualcomms dedication and investment in research
and development relating to wireless technology and mobile devices. As mobile electronic
devices have become more powerful with greater functionality, device manufacturers have
faced numerous problems with power consumption, routing complexity, signal interference,
processor performance and efciency, and image processing, among others. The technologies
of the Asserted Patents solve many of these problems by enhancing the performance of mobile
electronic devices in a power-efficient manner through advanced carrier aggregation, power
efficient radio frequency (RF) signal reception, carrier signal grouping and amplication,
power-efficient processor and memory architectures, and advanced image processing using
depth mapping.
46. For example, Qualcomm developed various techniques and hardware designs to
efficiently receive RF signals. In particular, Apple has touted the capability of its newest
mobile electronic devices to support carrier aggregation technology. This means that a
mobile device can receive portions of a single input on multiple carriers at the same time to
increase the bandwidth of a user? Qualcomm pioneered and patented technologies that allow
carrier aggregation to be utilized with less wasted power, such as the solution set forth in the
356 patent, and with less routing complexity and signal interference, such as the solution set
forth in the 336 patent.
47. As yet another example, Qualc0mms 674 and O02patents provide innovative
designs for a computing devices processor and memory that lower the devices power
3 The term carriers refers to the frequency bands for transmitting data. Individual carriers
that are aggregated for use by a single user are often called component carriers.
12
consumption and improve performance. The 674 patent relates to a design of a power-on
control (POC) component of a processor that dynamically controls current capacity, resulting in
a power-efficient architecture for detecting power on/off states. The 002 patent discloses an
efficient memory array design that reduces delay and clock power consumption and thereby also
saves power and increases speed. Both allow devices to be more efficient, resulting in
increased battery life for the device.
48. As a final example. Qualcomms 633 patent discloses a solution for enhancing a
particular portion of an image on a mobile device by using depth information computed from
two views of the same scene. In doing so, the 633 patent enabled mobile device cameras to
achieve the bokeh effect, a popular image enhancement effect that emphasizes portions of a
scene and gives a 3D effect to the image - an advanced effect that normally requires bulky and
expensive full-featured cameras and/or powerful lenses.
IV. THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS OF THE

INVENTIONS4
A. The 356 Patent
1. Identification and Ownership of the 356Patent
49. Qualcomm owns by assignment5 the right, title, and interest in United States
Patent No. 9,154,356, titled Low Noise Ampliers for Carrier Aggregation, which issued on
October 6, 2015 and named Aleksandar Miodrag Tasic and Anosh Bomi Davierwalla as co
4 All non-technical descriptions of the patents herein are presented to give a general
background of those patents. These statements are not intended to be used nor should they be
used for purposes of patent claim construction. Qualcomm presents these statements subject to
and without waiver of its right to argue that Claim terms should be construed in a particular way
under claim interpretation jurisprudence and the relevant evidence.
5 Assignment records for the Asserted Patents are attached hereto as Exs. 2, 4, 6, 8, and 10.
Certied copies of the same have been ordered and will be provided as soon as possible.
13
inventors. The 356 patent issued from U.S. Patent Application Serial No. 13/590,423, filed on
August 21, 2012.
50. A certied copy of the 356 patent is attached as Exhibit 1. A copy of the
assignment from the named inventors to Qualcomm is attached as Exhibit 2. A certified copy
of the prosecution history of the 356 patent is included as Appendix A. Copies of each patent
and applicable pages of each technical reference mentioned in the prosecution history of the
356 patent are included as Appendix B. I
2. Foreign Counterparts to the 356Patent
51. Exhibit 11 lists each foreign patent and each pending foreign patent application
(not already issued as a patent), and each foreign patent application that has been denied,
abandoned or withdrawn, corresponding to the 356 patent, with an indication of the
prosecution status of each such patent application. No other foreign patents or patent
applications corresponding to the 356 patent have been led, abandoned, withdrawn, or
rejected.
3. Non-Technical Description of the 356Patent
52. The 356 patent relates generally to RF transceivers using low noise ampliers
|
(LNAs) to support carrier aggregation. The 356 patent discloses a multi-stage LNA circuit
topology, where each amplier stage can be independently controlled to receive and amplify a
common input RF signal and provide an output RF signal to a separate load circuit. The
topologyflexibly supports multiple I/Q mixer/downconverter loads for a corresponding number
of component carriers at different frequencies. As a result of the invention of the 356 patent,
mobile devices can more efficiently deploy carrier aggregation technology and have longer
battery life.
14
B. The 336 Patent
1. Identication and Ownership of the 336Patent
53. Qualcomm owns by assignment the right, title, and interest in United States
Patent No. 9,473,336, titled Radio Frequency (RF) Front End Having Multiple Low Noise
Amplifier Modules, which issued on October 18, 2016 and named Dongling Pan, Aleksandar
Miodrag Tasic, Rajagopalan Rangarajan, Lai Kan Leung, Chiewcharn Narathong, and Yiwu
Tang as co-inventors. The 336 patent issued from U.S. Patent Application Serial No.
14/671,939, filed on March 27, 2015.
assignment from the named inventorsgto Qualcomm is attached as Exhibit 4. A certified copy
of the prosecution history of the 336 patent is included as Appendix C. Copies of each patent
336 patent are included as Appendix D.

55. Exhibit ll lists each foreign patent and each pending foreign patent application
applications corresponding to the 336 patent have been filed, abandoned, withdrawn, or
rejected.
3. Non-Technical Description of the 336Patent
56. The 336 patent relates generally to RF transceivers for use with carrier
aggregation technology. With the advent of carrier aggregation technology, RF transceivers in
mobile devices must be designed to handle an increasing number of different frequencies in
15
multiple communication bands. In many cases, receivers include multiple signal paths, which
must be subject to stringent isolation requirements to prevent signal interference, which can
make recovering infonnation from a signal difcult or impossible. The 336 patent discloses a
receiver design that includes two-stage amplification, where received carrier signals are grouped
into carrier groups by a first amplier stage that includes multiple low noise amplifiers
(LNAs) to amplify received carrier signals and a routing module to route a respective portion
of the amplified carrier signals to one of multiple output terminals. The first amplifier stage
then provides the amplified outputs to second stage amplifiers that amplify the first stage carrier
groups to generate second stage output signals. Without the invention of the 336 patent, RF
transceivers would not be able to address issues of interference without increasing the routing
complexity of the design, which increases cost and can impact performance.
C. The 674 Patent
1. Identification and Ownership of the 674Patent
Patent No. 8,063,674, titled Multiple Supply-Voltage Power-Up/Down Detectors, which
issued on November 22, 2011 and named Chang Ki Kwon and Vivek Mohan as co-inventors.
The 674 patent issued from U.S. Patent Application Serial No. 12/365,559, led on February 4,
2009.
assignment from the named inventors to Qualcomm is attached as Exhibit 6. A certied copy
of the prosecution history of the 674 patent is included as Appendix E. Copies of each patent
674 patent are included as Appendix F.
l6
2. Foreign Counterparts to the 674 Patent
59. Exhibit 11 lists each foreign patent and each pending foreign patent application
rejected.
3. Non-Technical Description of the 674 Patent

1
60. The 674 patent relates generally to an improved power up / power down
detector for computing devices with integrated circuits requiring multiple voltages. The power
on / power off control (POC network) of a device is a component of a processor that
communicates to input/output (I/O) circuits whether core devices are on or off, which is
desirable in order to have I/O circuits operate effectively. The 674 patent describes an
improved design for a POC network architecture that uses power up / down detectors to detect
the on/off state of the core devices on the POC network, processing circuitry to generate signals
depending on their power state, and feedback circuits to adjust electrical current capacity in the
POC network in order to reduce the leakage of that current while improving the speed with
which the system detects the on/off state of the core devices. The invention of the 674 patent
thereby improves the perfonnance of the POC network and processor while also reducing
power consumption and improving the battery/life of the computing device.
D. The 002 Patent
1. Identication and Ownership of the 002Patent
Patent No. 7,693,002, titled Dynamic Word Line Drivers and Decoders for Memory Arrays,
17
which issued on April 6, 2010 and named Jentsung Lin as the sole inventor. The 002 patent
issued from U.S. Patent Application Serial No. ll/548,132, filed on October 10, 2006.
assignment from the named inventors to Qualcomm is attached as Exhibit 8. A certified copy
of the prosecution history of the 002 patent is included as Appendix G. Copies of each patent
002 patent are included as Appendix H.

prosecution status of each such patent application, No other foreign patents or patent
applications corresponding to the O02 patent have been filed, abandoned, withdrawn, or
rejected.
64. The 002 patent relates generally to an improved memory array design that saves
power. Specifically, the 002 patent discloses improved designs for wordline drivers, which are
components connected to memory arrays. The design allows for the selective application of
clock signals to activate groups of wordline drivers, which reduces the power consumption due
to generating clock signals relative to previous designs. As a result of the invention of the 002
patent, computing devices can operate with lower power consumption and higher speed, which
in turn prolongs the battery life and efciency of those devices.
18
E. The 633 Patent
1. Identification and Ownership of the 633 Patent
Patent No. 9,552,633, titled Depth Aware Enhancement for Stereo Video," which issued on
January 24, 2017 and named Shilpi Sahu and Mainak Biswas as co-inventors. The 633 patent
issued from U.S. Patent Application Serial No. 14/201,261, led on March 7, 2014.
66. A certied copy of the '633 patent is attached as Exhibit 11. A copy of the
assignment from the named inventors to Qualcomm is attached as Exhibit 12. A certied copy
of the prosecution history of the 633 patent is included as Appendix I. Copies of each patent
633 patent are included as Appendix J.
rejected.
68. The 633 patent relates generally to depth-based image enhancement, and
specifically the use of depth computed from multiple images. The 633 patent discloses using
two images to generate a depth map and enhance a portion of the scene. As a result of the
invention of the 633 patent, mobile device cameras are now able to perform a high quality
simulation of the bokeh effect, a popular artistic photography effects that emphasizes a
19
portion of the scene, giving a 3D effect to the photograph without the use of bulky and
expensive high-end cameras and lenses.
F. Licensees to the Asserted Patents
69. Confidential Exhibit 12 is a list of licensees that includes within that list all
licenses to one or more of the Asserted Patents. Explaining further, Qualcomm has a license
agreement with Pegatron Corp. (Pegatron). The O02and 674 patents are included within the
patents licensed under the Pegatron license agreement. Pegatron is not paying royalties owed
under its license agreement with Qualcomm because, on information and belief, Apple has
instructed Pegatron to withhold those royalties.
V. APPLES INFRINGEMENT OF THE ASSERTED PATENTS
70. As discussed herein, Apples Accused Devices are certain mobile electronic
devices that do not incorporate a Qualcomm brand baseband processor modem, including
mobile phones and tablet computers, which infringe the Asserted Patents and are manufactured
abroad by or for Apple, sold for importation into the United States, and imported into the United
States by or for Apple, and/or sold within the United States after importation by or for Apple.
The Accused Devices include, but are not limited to, mobile electronic devices sold under the
tradenames Apple iPhone 7, Apple iPhone 7 Plus, Apple iPhone 8, Apple iPhone 8 Plus, and
Apple iPhone X. Apple is not licensed to any of the Asserted Patents.
A. Infringement of the 356Patent
71. Apple infringes, literally and/or under the doctrine of equivalents, at least claims
l, 7, 8, 10, ll, l7, and 18 of the 356 patent. Apple infringes at least these claims by importing,
selling for importation, andlor selling after importation into the United States certain of the
Accused Devices, including at least the Apple iPhone 7, Apple iPhone 7 Plus, and on
information and belief, the Apple iPhone 8, Apple iPhone 8 Plus, and Apple iPhone X (the
20
i
Accused 356 Devices). The Accused 356 Devices satisfy all claim limitations of claims l,
7, 8, 10, and 11 at the time of importation into the United States.
72. On information and belief, Apple also knowingly induces and/or contributes to
the infringement of at least claims 17 and 18 of the 3_56patent by others. On information and
belief, Apple has had knowledge of the 356 patent, and its infringement of the 356 patent,
since at least November 29, 2017, when Qualcomm led a parallel action in the Southem
l
District of California. On information and belief, Apple tests, demonstrates, or otherwise
operates the Accused 356 Devices in the United States, thereby performing the claimed
methods and directly infringing any asserted claims of the 356 patent requiring such operation.
Similarly, Apples customers and the end users of the Accused 356 Devices test and/or operate
the Accused 356 Devices in the United States in accordance with Apples instructions
contained in, for example, its user manuals, thereby also performing the claimed methods and
directly infringing the asserted claims of the Asserted Patents.requiring such operation.
I
73. Apple also contributes to infringement of the 356 patent by selling for I
importation into the United States, importing into the United States, and/or selling within the
United States after importation the Accused 356 Devices and the non-staple constituent parts of
those devices, which are not suitable for substantial non-infringing use and which embody a
material part of the invention described in the 356 patent. These mobile electronic devices are
known by Apple to be especially made or especially adapted for use in the infringement of the
356 patent. Apple also -contributes to the infringement of the 356 patent by selling for 1
United States after importation components, such as the chipsets or software containing the
infringing functionality, of the Accused 356 Devices, which are not suitable for substantial
21
non-infringing use and which embody a material part of the invention described in the 356
patent. These mobile devices are known by Apple to be especially made or especially adapted
for use in the infringement of the 356 patent. Specifically, on information and belief, Apple
sells the Accused 356 Devices to resellers, retailers, and end users with knowledge that the
devices are used for infringement. End users of those mobile electronic devices directly
infringe the 356 patent,
74. Attached as Confidential Exhibit 13 are representative claim charts for the
Accused 356 Devices showing infringement of the 356 patent by exemplary Accused 356
Devices.
B. " Infringement of the 336 Patent
75. Apple infringes, literally and/or under the doctrine of equivalents, at least claim 4
of the 336 patent. Apple infringes at least claim 4 by importing, selling for importation, and/or
selling after importation into the United States certain of the Accused Devices, including at least
the Apple iPhone 8, Apple iPhone 8 Plus, and on information and belief, the Apple iPhone X
(the Accused 336 Devices). The Accused 336 Devices satisfy all claim limitations of claim
4 at the time of importation into the United States.
Devices.
C. Infringement of the 674 Patent
l, 5-8, 12, 16-18, 21, and 22 of the 674 patent. Apple infringes at least these claims by
importing, selling for importation, and/or selling after importation into the United States certain
of the Accused Devices, including at least the Apple iPhone 7 and Apple iPhone 7 Plus (the
22
Accused 674 Devices). The Accused 674 Devices satisfy all Claim limitations of claims 1,
S-7, 17, 18, 21, and 22 at the time of importation into the United States.
the infringement of at least claims 8, 12, and 16 of the 674 patent by others. On information
and belief, Apple has had knowledge of the 674 patent, and its infringement of the 674 patent,
since at least November 29, 2017, when Qualcomm filed a parallel action in the Southern
District of California. On infonnation and belief, Apple tests, demonstrates, or otherwise
operates the Accused 674 Devices in the United States, thereby performing the claimed
methods and directly infringing any asserted claims of the 674 patent requiring such operation.
Similarly, Apples customers and the end users of the Accused 674 Devices test and/or operate
the Accused 674 Devices in the United" States in accordance with Apples instructions
contained in, for example, its user manuals, thereby also performing the claimed methods and
directly infringing the asserted claims of the Asserted Patents requiring such operation.
79. Apple also contributes to infringement of the 674 patent by selling for
United,States after importation the Accused 674 Devices and the non-staple constituent parts of
674 patent. Apple also contributes to the infringement of the 674 patent by selling for
23
infringe the 674 patent.
Devices.
D. Infringement of the 002 Patent ' "
1-4, 7-9, ll, 17, 20-23, 31-33, and 36 of the 002 patent. Apple infringes at least these claims
by importing, selling for importation, and/or selling after importation into the United States
certain of the Accused Devices, including at least the Apple iPhone 7 and Apple iPhone 7 Plus
(the Accused 002 Devices). The Accused 002 Devices satisfy all claim limitations of
claims 1-4, ll, 17, 20-23, 31-33, and 36 at the time of importation into the United States.
82. On infomiation and belief, Apple also knowingly induces and/or contributes to
the infringement of at least claims 7-9 of the 002 patent by others. On information and belief,
Apple has had knowledge of the 002 patent, and its infringement of the 002 patent, since at
least November 29, 2017, when Qualcomm led a parallel action in the Southern District of
California. On information and belief, Apple tests, demonstrates, or otherwise operates the
Accused 002 Devices in the United States, thereby performing the claimed methods and
directly infringing any asserted claims of the 002 patent requiring such operation. Similarly,
Apples customers and the end users of the Accused 002 Devices test and/or operate the
24
Accused 002 Devices in the United States in accordance with Apples instructions contained
in, for example, its user manuals, thereby also performing the claimed methods and directly
infringing the asserted claims of the Asserted Patents requiring such operation.
83. Apple also contributes to infringement of the O02 patent by selling for
United States after importation the Accused O02Devices and the non-staple constituent parts of
0O2 patent. Apple also contributes to the infringement of the 002 patent by selling for
importation into the United States,-importing into the United States, and/or selling within the
infringing functionality, of the Accused OO2Devices, which are not suitable for substantial
for use in the infringement of the 002 patenti Specifically, on information and belief, Apple
sells the Accused O02 Devices to resellers, retailers, and end users with knowledge that the
infringe the OO2patent.
Devices.
25
E. Infringement of the 633Patent
1-3, 10-12, 18, and 22-24 of the 633 patent. Apple infringes at least these claims by importing,
selling for importation, and/or selling after importation into the United States certain of the
Accused Devices, including at least the Apple iPhone 7 Plus, Apple iPhone 8 Plus, and Apple
iPhone X (the Accused 633 Devices). These Accused 633 Devices satisfy all claim
limitations of claims 10-12, 18, and 22-24 at the time of importation into the United States.
the infringement of at least claims 1-3 of the 633 patent by others. On information and belief,
Apple has had knowledge of the 633 patent, and its infringement of the 633 patent, since at
least November 29, 2017, when Qualcomm filed a parallel action in the Southern District of
Califomia. On information and belief, Apple tests, demonstrates, or otherwise operates the
Accused 633 Devices inthe United States, thereby performing the claimed methods and
directly infringing any asserted claims of the 633 patent requiring such operation. Similarly,
Apples customers and the end users of the Accused 633 Devices test and/or operate the
Accused 633 Devices in the United States in accordance with Apples instructions contained
in, for example, its user manuals, thereby also performing the claimed methods and directly
infringing the asserted claims of the Asserted Patents requiring such operation.
87. Apple also contributes to infringement of the 633 patent by selling for
United States after importation the Accused 633 Devices and the non-staple constituent parts of
26
633 patent. Apple also contributes to the infringement of the 633 patent by selling for
infringe the 633 patent. '
88. Attached as Exhibit 17 are representative claim charts for the Accused 633
Devices showing infringement of the 633 patent by exemplary Accused 633 Devices.
VI. SPECIFIC INSTANCES OF UNFAIR IMPORTATION AND SALE
89. Apple sells for importation into the United States, imports into the United States,
and/or sells after importation into the United States the Accused Devices. Examples of Accused
Devices were purchased from a retailer located in the United States. See Ex. 25. Specifically,
an Apple iPhone 7 was purchased on November 27, 2017 from Apple Georgetown, 1229
Wisconsin Ave., Washington, D.C. 20007. Id. This device is labeled as Assembled in China.
See Ex. 25; Ex. Pl. An Apple iPhone 8 was also purchased on November 27, 2017 from Apple
Georgetown, 1229 Wisconsin Ave., Washington, D.C. 20007. Ex. 25. This device is also
labeled as being Assembled in China. See Ex. 25; Ex. P2. Finally, an Apple iPhone 7 Plus
was purchased on November 27, 2017 from Apple Georgetown, 1229 Wisconsin Ave.,
Washington, D.C. 20007. Ex. 25. This device is labeled as Assembled in China. See Ex. 25;
Ex. P3.
27
90. Substantially all of the Accused Devices in the United States are manufactured
by App1es outsourcing partners, which are located primarily in Asia, and sold for importation.
See Ex. 26.
VII. HARMONIZED TARIFF SCHEDULE NUMBERS
91. The Accused Devices are classied under at least the following subheading of
the Harmonized Tariff Schedule of the United States: 8517.12.00 (mobile phones); 8471.30.01,
8471.41.01, or 8471.49.00 (handheld computers). These classifications are exemplary in nature
and not intended to restrict the scope of any exclusion order or other remedy ordered by the
Commission.
VIII. RELATED LITIGATION
92. On November 29, 2017, Qualcomm filed a complaint in the U.S. District Court
for the Southern District of California alleging infringement of the Asserted Patents against
Apple. .
93. Aside from the above-mentioned parallel district court matter, Qualcomm has
not previously litigated the Asserted Patents before any other court or agency.
1
94. Qualcomm and Apple are currently engaged in litigation that does not
specifically address the Asselted Patents, including Case No. 17-CV-0108 GPC NLS pending in
the U.S. District Court for the Southem District of California, Case No. 3:17-CV-01375-JAH
MDD pending in the U.S. District Court for the Southern District of Califomia, and
Investigation No. 337-TA- 1065 pending at the U.S. International Trade Commission.
IX. THE DOMESTIC INDUSTRY RELATING TO THE ASSERTED PATENTS

|
95. An industry as required by Section 337(a)(2) and defined by Section 337(a)(3)
exists in the United States. Qualcomm has made significant investments in plant, equipment,
28
labor and capital, and made substantial investments in engineering and research and
development related to products protected by the Asserted Patents.
96. As described below and in the accompanying declaration at Confidential Exhibit
21, Qualcomm researches, designs, and develops integrated circuit products in the United States
(the Domestic Industry Products) that are protected by at least one claim of each of the
Asserted Patents.
A. Technical Prong
97. The chart below sets forth exemplary Domestic Industry Products that are
protected by least one claim of each of the Asserted Patents:
WTR1625, WTRl625L, WTRl626L, WPRl62O,

356 patent WTR3925, WTR3120, WTR3605, WTR39l5,
WTR3900, WTR3925L, WTR5975
CDP9X55, MTP9X5O, MTP9X55, MDM9650,
336 patent MDM9655, WTR5975, QLN1030, QLNl031,
i i QLN_l020, QLN1021, QLN1035, QLNIO36
WCNI3 12, WCNI314, RGR7640AU, RTR6285,
RTR6236, RTR6237, RTR6280, RTR6285A, RTR8600,
RTR860l, RTR8605, QTR8200, QTR82Ol, QTR8600,
QTR86OOL,QTR860lL, QTR86l5, QTR86l5L,
" SDR66l), SDR66l , SDR66OG, WTR6955, SDR845,
Wl-R1620,WGR7640, WTRl605, WTRl605L,
674 patent WTRl608L, WTRl625, WTRl625L,
WTRl626L,WTR2605, WTR2655, WTR2955,
WTR2965, WTR3900, WTR3925, WTR3925L,
WTR39l5, WTR3905, WTR3605, WTR3950,
WTR4205, WTR4305, WTR4605, WTR4905,
WTR4900, WTR4904, WTR4905L, WTR5975
QDSP6 processors, including APQSOO9,APQ8009W,
APQ8Ol6, APQ80l6E, APQ8Ol7, APQ8026, APO8028,
APQ8037, APQ8039, APQ8053, APQSOS6,
APQ806OA, APQ8064, APQ8064AU, APQ8074,t .
002 patent APQ8076, APQ8084, APQ8094, APQ8096,
APQ8096AU, APQ8096SG, APQ8098; MDMSZOOA,
MDM8207, MDM82l5, MDM9206, MDM9207,
MDM92l5, MDM9225, MDM9225M, MDM923O,
MDM9235M, MDM9240, MDM9250, MDM9307,
29
i
MDM93lO, MDM932O, MDM9340, MDM9607,

MDM9615, MDM9615M, MDM9625, MDM9625M,
MDM9628, MDM963O, MDM9635M, MDM9640,
MDM9645, MDM9655, MSM8208, MSM8209,
MSM8210, MSM82l2, MSM82l6, MSM8226,
MSM8228, MSM823O, MSM8239, MSM826OA,
MSM8610, MSM86l2, MSM8626, MSM8909,
MSM8909W, MSM8916, MSM89I7,
MSM8920,MSM8928, MSM893O, MSM8937,
MSM8939, MSM8940, MSM8952, MSM8953,
MSM8956, MSM8960, MSM8974, MSM8976,
MSM8976SG, MSM8992, MSM8994, MSM8996,
MSM8996AU, MSM8996SG, MSM8998, SDA660,
SDM45O, SDM630, SDM66O, SDXZO, SDXZOM
MSM82l7, MSM8617, MSM89l7, APQ8017,
MSM892O, MSM8937, APQ8037, MSM894O.
,633 patent SDM450,
SDM66O, APQ8053, MSM8953,
SDM658, SDA660, SDM63O,
SDA658, SDA63O,
SDM67O,
SDA670, MSM8996, APQ8096, MSM8998, APQ8098,
SDM845, SDA845, SDM85O
98. Claim charts applying a representative claim of each Asserted Patent to a

l
representative Domestic Industry Product are attached as Condential Exhibits 19-23.6
99. Qualcomm also sells the Domestic Industry Products to its customers, who then
incorporate them into devices (e.g., smartphones) that are sold in the United States. On
infonnation and belief, these devices may also practice one or more claims of the Asserted l
Patents.
B. Economic Prong
100. There is a domestic industry as defined under l9 U.S.C. 1337(a)(3)(A), (B),

I
and/or (C), comprising continuing signicant investments made in the United States by
Qualcomm in plant and equipment and employment of labor and capital, and continuing
6 The Domestic Industry Products are protected by additional claims of the Asserted Patents,
and Qualcomm may establish the technical prong of the domestic industry requirement through
claims other than those explicitly charted in Confidential Exhibits 19-23.
30
substantial investment in exploitation of the Asserted Patents. Specic, non-limiting examples
of such investments are set forth below and in the Condential Exhibit 18.
101. Qualcomm is a global leader in the development of integrated circuit technology
and products. Qualcomm is one the United States largest and most innovative technology
companies, with over 18,000 employees in the United States, 68 percent of whom are engineers.
102. Qualcomm maintains its headquarters in San Diego, California. Qualcomm
occupies 92 buildings in the United States totaling over 6.5 million sq. ft. of space. Qualcomm
operates facilities in 17 U.S. states and the District of Columbia.
103. Qualcomms worldwide R&D expenditures in fiscal 2017, 2016 and 2015 totaled
approximately $5.5 billion, $5.2 billion and $5.5 billion, respectively. Qualcomm-continues-to
expand and enhance its products, services, and related intellectual property portfolios. These
efforts have resulted in a leading intellectual property portfolio related to, among other things,
wireless technology and integrated circuit products.
104. Qualcomm engages in a broad range of qualifying domestic industry activities in
the United States directed to articles protected by the Asserted Patents described above. The
Domestic Industry Products are all designed, developed, tested and supported by Qualcomm in
the United States.
105. Qualcomm has made and continues to make significant investments in plant and
equipment directed to the Domestic Industry Products in the United States. Those investments
in plant and equipment arededicated to research, design, development, engineering, product
support, manufacturing support, testing, and various customer support activities focused on the
Domestic Industry Products.
31
106. Qualcomm also has made and continues to make significant investments in labor
and capital directed to the Domestic Industry Products in the United States. Those investments
in labor and capital are dedicated to research, design, development, engineering, product
support, manufacturing support, testing, and various customer support activities focused on the
Domestic Industry Products.
I07. Qualcomm further engages in exploitation of the Asserted Patents through its
substantial domestic investments in research and development and engineering activities in the
United States. These activities include, among other things, research and development and
engineering and design tied to the claimed technology implemented in the Asserted Patents.
These activities have occurred in the past and are ongoing with respect to piior and current
versions of the Domestic Industry Products as well as future versions of Qualcomm products
under development.
108. A significant and substantial portion of Qualcomms technical activities takes
place in the United States. Qualcomms domestic investments and activities are signicant and
substantial both in absolute terms and relative to Qualcomms overall operations. Qualcomms
domestic investments and activities are important to the Domestic Industry Products and
represent significant added value. These investments are described in more detail in the
Declaration of Tim Durkin, attached hereto as Confidential Exhibit 18.
X. RELIEF REQUESTED
109. Qualcomm respectfully requests that the Commission:
(a) Institute an investigation pursuant to Section 337 of the Tariff Act of
1930, as amended, I9 U.S.C. 1337, with respect to Apples violations of that section arising
from the importation into the United States, sale for importation, and/or the sale within the
United States after importation of mobile electronic devices that do not incorporate a
32
Qualcomm brand baseband processor modem and that infringe one or more claims of the
Asserted Patents;
p (b) Schedule and conduct a hearing pursuant to Section 337(0) for the
purposes of (i) receiving evidence and hearing argument concerning whether there has been a
violation of Section 337, and (ii) following the hearing, determining that there has been a
violation of Section 337;
(c) Issue a permanent limited exclusion order directed to products
manufactured by or on behalf of Apple, its subsidiaries, related companies, and agents pursuant
to 19 U.S.C. l337(d) excluding entry into the United States of mobile electronic devices that
do not incorporate a Qualcomm brand baseband processor modem and that infringe one or more
claims of the Asserted Patents;
(d) Issue a permanent cease and desist order pursuant to 19 U.S.C. 1337(f)
prohibiting Apple, its domestic subsidiaries, related companies, and agents from engaging in the
importation, sale for importation, marketing and/or advertising, distribution, offering for sale,
sale, use after importation, sale after importation, and other transfer within the United States of
mobile electronic devices that do not incorporate a Qualcomm brand baseband processor
modem and that infringe one or more claims of the Asserted Patents;
(e) Impose a bond upon importation of mobile electronic devices that that do
not incorporate a Qualcomm brand baseband processor modem and infringe one or more claims
of the Asserted Patents, during the 60-day Presidential review period pursuant to 19 U.S.C.
l337(j); and
33
(D Issue such other and further relief as the Commission deems just and
proper under the law, based on the facts determined by the investigation and the authority of the
Commission.
Dated: November 30, 2017 Respectfully submitte
.=.//8/. AlexLai,er/
777 6th Street NW, llth Floor
Tel.: (202) 538-8000
David A. Nelson
Stephen Swedlow
Tel.: (312) 705-7400
Steven Chemy
Richard W. Erwine
Alexander Rudis
Patrick Curran
New York, NY 10010
Tel.: (212) 849-7000
Sean S. Pak .
Tel.: (415) 875-6600
Tom M. Schaumberg
Deanna Tanner Okun
Beau Jackson
ADDUCI, MASTRIANI & SCI-IAUMBERG,L.L.P.
34
Te1.: (202) 467-6300
Evan R. Chesler
Keith R. Hummel
Richard J. Stark
Gary A. Bernstein
J. Wesley Earnhardt
Yonatan Even
Vanessa A. Lavely
CRAVATH, SWAINE & MOORE LLP
New York, NY 10019
Te1.: (212) 474-1000
Richard S. Zembek
Eric B. Hall
Daniel S. Leventhal
Talbot R. Hansum
NORTON R0515 FULBRIGHTUS LLP
Fulbright Tower
Houston, TX 77010
Te1.: (713) 651-5151
Counselfar Complainant QualcommIncorporated
35
UNITED STATES INTERNATION.AL TRADE COMMISSION
WASHINGTON, D.C.
In the Matter of I
CERTAIN MOBILE ELECTRONIC I Investigation N0. 337-TA
THEREOF
E.
VERIFICATION OF COMPLAINT
I, John Scott, am a Vice Presi_dentfor Qualcomm Incorporated (Qualcomm) and am

duly authorized by Qualcomm to execute this verication of the accompanying Complaint under
Section 337 of the Tariff Act of 1930, as Amended, on behalf of Qualcomm. I have read the
Complaint and am aware of its contents. To the best of my knowledge, information, and belief
and based upon a reasonable inquiry under the circumstances, I hereby certify that:
l. The allegations contained in the Complaint are well grounded in fact and have
evidentiary support, or are likely to have evidentiary supportafter a reasonable opportunity for
further investigation or discovery;
2. The claims and other legal contentions set forth in the Complaint are warranted by
existing laws or by a,good faith, non-frivolous argument for extension, modication, or reversal
of existing law, or.by the establishment of new law; and
3. The Complaint is not being filed for any improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the co_stof litigation.
Dated: November_29: 2017 4,\ //

. "I1
(E
W V JohnScott
Vice President
Qualcomm Incorporated

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eaten emanate!

WRITER'S DIRECT DIAL NO.

35-); gr WRITERs INTERNET ADDRESS

VIA HAND DELIVERY ------------------------------------

Dear Secretary Barton:

Enclosed for ling, please nd documents in support of a request by Qualcomm Incorporated

QIIIIIII BBIZIIIIBIEEHIIIIEI1 8- SIIIIIIIHII, III!

A letter and certication requesting condential treatment for the information

A Statement on the Public Interest regarding the remedial orders sought by

Please contact me with any questions regarding this ling.

Dated: November 30, 2017

wRl'FER'S DIRECT DIAL NO.

WRlTER'S INTERNET ADDRESS

REQUEST FOR CONFIDENTIAL TREATMENT

November 30, 2017

VIA HAND DELIVERY

The Honorable Lisa R. Barton, Secretary

Dear Secretary Barton:

Pursuant to Commission Rule 201.6, Complainant Qualcomm Incorporated respectfully

The proprietary infonnation described herein qualies as condential business

lilliiiii mlli rtiliha QSllian,

Dated: November 30, 2017

Respectfully sub ' ,

CERTAIN MOBILE ELECTRONIC Inv. N0. 337-TA-__

I, S. Alex Lasher, counsel for Complainant Qualcomm Incorporated, declare as follows

l. I am duly authorized by Complainant to execute this certication.

2. I have reviewed condential exhibits 12C-16C and 18C-23C to Complainants

3. To the best of my knowledge, information, and belief, founded after a reasonable

Executed this 30th day of November, 2017 in Washington, DC.

CERTAIN MOBILE ELECTRONIC Investigation N0. 337-TA

COMPLAINANTS INITIAL STATEMENT ON THE PUBLIC INTEREST

licensing, programming, packaging, repackaging, bundling, updating, soliciting U.S. agents or

relief to which it is entitled under Section 337.

property rights is consistent with this purpose.

sold to consumers throughout the United States.

III. THE ACCUSED PRODUCTS DO NOT PRESENT ANY PUBLIC HEALTH,

public health, safety, or welfare concerns).

IV. NUMEROUS LIKE OR DIRECTLY COMPETITIVE ARTICLES ARE AVAILABLE

No. 337#TA-617, Comm'n Op. at 15 (Apr. 23,2009).

V. REMEDIAL ORDERS WOULD NOT NEGATIVELY IMPACT U.S. CONSUMERS

reduction in consumer choice.

Counselfor Complainant Qualcomm Incorporated

COMPLAINT UNDER SECTION 337 OF THE

Complainant Proposed Respondent

Qualcomm Incorporated Apple Inc.

Counselfor Complainant Qualcomm

INTRODUCTION .............................................................................................. .. .... ..1

PARTIES ............................................................................................................ .. ......4

A. Qualcomm Incorporated ......................................................................... .. ......4

B. Apple Inc. ............................................................................................... .. .... ..8

THE TECHNOLOGIES AND PRODUCTS AT ISSUE ................................... .. .... ..8

A. Products At Issue .................................................................................... .. .... ..8

B. Background Of The Technology ............................................................ .. .... ..8

THE ASSERTED PATENTS AND NON-TECHNICAL DESCRIPTIONS OF

A. The 356 Patent .............................................................................................. ......l3

1. Identification and Ownership of the 356 Patent .................................... .. 13

2. Foreign Counterparts to the 356 Patent ................................................. ..14

3. Non-Technical Description of the 356 Patent ....................................... .. 14

B. The 336 Patent .............................................................................................. ......15