Re: I don't see how this is Apple's problem
Big business can be a dirty game it seems.
It is perfectly possible that Apple are unaware of the patent liabilities surrounding Intel's modems. The contract between Apple and Intel may have a clause guaranteeing that there are no patent issues, in which case this becomes Intel's problem.
There may also be a clause that specifically guarantees nothing, in which case this is Apple's problem. And having bought Qualcomm for so long, mostly (?) trouble free, it's possible that mistakes have been made in whatever diligence process was used.
These patents perhaps were never mentioned in any contract Apple have with Qualcomm; kinda like hidden landmines left in the IPR landscape by Qualcomm just in case Apple ever walked away from buying from Qualcomm. They’ve just exploded, and now the courts will see if they've scored a hit on Apple.
Apple's contract with Qualcomm could have a clause about being granted a licence to all of Qualcomm's patents, but I doubt it; Qualcomm would be giving away patents on things utterly unrelated to mobile modems. So I suspect that relevant Qualcomm patents were listed in the contract, and Apple used this list to assess the buy-ability of Intel's modems, and didn't look at Qualcomm's other patents to see if they'd been hoodwinked by Qualcomm.
That would be a particularly dirty trick on Qualcomm's part, but then they're the smaller party in a huge deal with a company known to use its corporate might with impunity. It's well known that doing business with Apple can be dangerous to one's health.
Imagination might have similar tactics up its sleave.
Biting the hand that feeds IT
