Bloomberg Law
Nov. 10, 2021, 5:55 PM

Apple’s Standing to Appeal Qualcomm Rulings Divides Fed. Cir.

Perry Cooper
Perry Cooper
Legal Reporter

Apple Inc. doesn’t have standing to appeal patent office decisions upholding three Qualcomm Inc. patents because a global settlement between the parties covers the inventions, the Federal Circuit ruled 2-1.

The decision follows an April ruling in which the U.S. Court of Appeals for the Federal Circuit held that without parallel litigation, Apple can’t show a non-speculative injury it will face if the patents remain valid.

Two judges held in a precedential opinion Wednesday that the earlier ruling controls this case. “As a panel, we’re bound by stare decisis. We can’t defy Apple I by dealing differently with its double,” ...