Before the formal proceedings of the Supreme Court began, Yike, Apple and Qualcomm were already divided in their arrogance.
This is the first time that the Qualcomm monopoly trial has been attended by the public.
Prior to this, because of Qualcomm's application, both the district court and the appeals court conducted closed hearings, and as soon as it was made public, it went to the Supreme Court...
Listening to the lawyer's impassioned speech, coupled with the stacks of information presented, the spectators felt that they had no confidence in the complaining party.
As for the facts, is Qualcomm a monopoly?
Brother, the boss.
When the legal process has reached this point, both Yike and Apple's lawyers believe that the nature of Qualcomm is very clear. However, whether the final judgment can be achieved depends on the deliberation and decision-making of the nine justices present.
It can only be said that no matter how solid evidence Apple and Yike’s lawyers submit, they believe that Qualcomm is not illegal, that is, it is not illegal, and if they vote to be a monopoly by a minority obeying the majority, no matter what status Qualcomm has in the communications field, in the communications field
What influence does it have on standards? It’s a monopoly.
Lawyers cannot predict the outcome, they can only do everything they can.
This first step of oral argument…
Without looking at the reactions of the justices, just looking at the expressions of the audience and the frowning brows of Qualcomm CEO Chen Fuyang, it is natural to know who is better.
According to the process, the complainants, namely Yike and Apple, spoke first, specifically explaining why the lower court's judgment should be overturned or revised, followed by the defendant's response, explaining why the original judgment should be upheld.
This session usually lasts one hour.
Regardless of which side's statements and answers come from, the justices may interrupt at any time, ask their questions, and test the strength and logical consistency of the lawyers' arguments.
In addition to the particularly firm positions held by the nine justices, the number of votes in subsequent deliberations may be affected by the questions they ask and the answers they receive.
However, almost everyone present could see the pros and cons of both sides.
This is not entirely due to the prowess of Yi Ke and Apple’s lawyers, but because the questions from the justices did not break out of their original mold.
Before the Supreme People's Court heard it, and before the Court of Appeal heard it, over the past decade or so, Qualcomm had been investigated and tried on patent methods and market monopoly.
When lawyers from Apple and Yike summarized and analyzed past cases, the justices’ questions were all traceable.
The first public disclosure of the giant lawsuit caused people nearby to whisper more and more as the process progressed, forcing the judge to pause several times to maintain order at the scene. The expressions of Chen Fuyang and Cook showed two extremes, with one brow never showing up.
Let go and even a smile appears on one's face at the back.
The final review involving the communications giant did not receive any preferential treatment because of its market position. It officially started at nine o'clock in the morning and ended at only 10:15.
The subsequent deliberations by the nine justices are conducted behind closed doors, and when they advance the process, the final ruling is likely to be unveiled.
One hour and fifteen minutes.
The time was so fast that Chen Fuyang felt dazed when he got up and left. Was it too hasty? He didn't even ask himself, the CEO...
He had made many drafts, but they were completely useless.
Reporters swarmed forward again. Cook was surrounded by a circle, Chen Fuyang was surrounded by a circle, and Schroeder was the least pursued by the reporters because of his position as an official.
"Mr. Chen, what do you think of this court hearing?"
"Mr. Chen, are you still confident in Qualcomm's victory?"
"Mr. Chen, Mr. Chen, why are you sweating?"
When Chen Fuyang heard this sentence in a daze, he subconsciously raised his hand to wipe his sweat. Such an embarrassing action was naturally caught in the camera of the reporters.
He quickly reacted, smiled again, and responded positively: "I believe everyone is aware of Qualcomm's contribution to the communications field. We only take the remuneration we should receive under business rules."
Cook, who was surrounded on the other side, was actually not far away from Chen Fuyang. He was about to answer the reporter's question, but after hearing Chen Fuyang's voice, he said directly from the air: "Mr. Chen, the business rules have changed. Then
You should get new remuneration under the new business rules."
"Qualcomm is the leader in the field of communication standards. I don't think today's business rules have changed as Apple imagined." Chen Fuyang immediately countered.
"Mr. Chen, it's probably not just the changes in business rules, but also the laws and regulations that we must abide by." Cook's tone was not impatient. "Laws and laws must also adapt to new market developments. I firmly believe this, Mr. Chen."
, do you believe it too?"
Chen Fuyang did not answer immediately this time.
By the time he wanted to answer, Cook didn't give him the chance. He apologized, separated from the crowd, and politely declined the entanglement of the media reporters.
Chen Fuyang's already gloomy mood was almost like thunder and rain.
He held on to his energy, reluctantly answered a few questions related to Qualcomm, and also left the scene.
"Mr. Chen, before you became CEO of Qualcomm, you claimed that you could quickly resolve the disputes with Yike and Apple, but the current situation is obviously beyond your control. Does this have anything to do with Yike's Mr. Fang? Has he ever had
A clear commitment?" A reporter asked this question based on the information before and after.
Chen Fuyang turned to look at the source of the voice, squeezed out a smile, and answered the last question: "Mr. Fang and I have no private commitments. It's just that I may have underestimated Yike's determination. We could have dealt with it more harmoniously."
.”
Underestimated?
"Little Fangzhuo" seems to have underestimated "True Fangzhuo"'s murderous intention in this matter.
But at any rate, Qualcomm now has more businesses that can be integrated, and the original Avago is gradually integrating into the company, and this is what Chen Fuyang is good at.
The situation is a bit bad, but not that bad.
Chen Fuyang got rid of the reporter. When he got into the car, he suddenly realized that his expectations had declined in these days.
Things are good→Things are good→Things are a little wrong→Things are a little bad…
It shouldn't be that bad.
Chen Fuyang became a little uncertain.
He resisted the urge to make a personal phone call to Mr. Fang, knowing that it would be completely useless at this time, so he could only wait for the final result to be released as the stock price fell.
…
"The decline in Qualcomm's stock price is not that much."
With the conclusion of the public process of the Supreme People's Court, Fang Zhuo, who lives in Shanghai, noticed the impact of the secondary market.
"It's not a lot, it just dropped by a few billion, right?" Su Wei felt that President Fangda was being arrogant.
"I think everyone may be used to Qualcomm's decline, and now the more than 80 billion is still quite strong." Fang Zhuo looked for reasons for not expanding the decline.
Su Wei asked: "When will the result be announced? If the final ruling is unfavorable, wouldn't Qualcomm's market value have to fall below 80 billion again? This is getting further and further away from the goal of forming a new Qualcomm."
The new Qualcomm formed by Qualcomm and Avago, not only within the company, but also in the media, believes that it will soon become a company worth hundreds of billions of dollars.
Unexpectedly, it might actually get to the root of it.
"I don't know. They need to write a submission. It may be tomorrow, next month, or even until the middle of the year." Fang Zhuo shook his head.
The Qualcomm case is a very complicated one. The Supreme Court has to ensure that the discussion is rigorous and the reasons for the judgment can be fully explained. It is time-consuming and has great uncertainty.
"That's good. Let's celebrate the New Year well." Su Wei became more and more fond of celebrating the New Year and the joy of the big family.
It's less than a week before the Spring Festival. No matter what risks Yike and Bingxin face, no matter what kind of fierce attack Ali launches, everyone's mood is gradually relaxing.
For the Chinese New Year, leave everything else aside for the time being.
The same is true for Fang Zhuo. He has a busy work schedule after the new year, so he took advantage of the year before to get together with friends and chose a cruise party that Zhou Xin highly recommended, where he could talk freely about gains and losses and the foreseeable future in a small circle.
Although Yike has faced the uncertainty of the global market in the past six months, it has also been the most fruitful three months since its establishment. In addition, Duji has seen the decline visible to the naked eye, and the cycle and expansion of the Yike system.
It’s all news worth smiling about.
"Kesheng Mobile has postponed the press conference. It is not going well for them to use GlobalFoundries' chips. Brother Fang, I heard that Kesheng is considering switching to domestic SMIC technology." Zhou Xin is a person who does well in his career and lives a good life.
People who live in China are also paying close attention to the situation in the past few months.
"Who did you listen to?" Fang Zhuo asked the source.
"Based on hearsay, SMIC's stock price has been rising recently, and I heard it is making progress on 22nm," Zhou Xin said.
"Not bad, right? SMIC is making rapid progress now, and the technology research and development before 16nm is actually a relatively conventional idea." Fang Zhuo confirmed the news to a certain extent.
Zhou Xin lowered his voice: "Can SMIC manufacture ice cores?"
"It depends on the speed of its progress. Well, SMIC's current development environment is better than that of Ice Core. We are currently negotiating with ASML for the purchase of equipment. They are not restricted." Fang Zhuo replied.
Unlike Ice Core, which is restricted in purchasing advanced equipment, SMIC’s original license can still be used because of its weak presence.
Fang Zhuo hopes that SMIC can buy the equipment and it can serve as a reference for the technical route.
Zhou Xin wanted to ask more, but Liu Zonghong came over quickly and handed over the phone.
He consciously took a few steps away, leaving room for Brother Fang to talk.
When Zhou Xin noticed that the call was over, he also saw the smile on Brother Fang's face.
"Six to three." Fang Zhuo simply said the information conveyed by this phone call.
On February 18, New Year's Eve, American friends informed us in advance of the situation regarding the final decision. The number of votes was far better than expected, and the scene of closed-door deliberation was almost overwhelming.
Qualcomm's market position and influence in the communications field are still taken into consideration.
However, Justice Anthony Kennedy believed that this issue was not enough to be a key bargaining chip because the market had changed.
"Without Qualcomm, there is Intel. Intel's baseband chips are no worse than Qualcomm. In the long run, full market competition will contribute to greater innovation in this field."
"Many people believe that protectionism will lead to long-term success, but history tells us that this is not the case."
"I don't think protecting Qualcomm is the best option."
As a common representative of moderate conservatives, Anthony took the liberal position this time. Perhaps because of his statement, when the final vote was over, he would write the majority opinion for the final judgment.
Fang Zhuo heard the description of the review scene on the phone and was very happy to promote full market competition for the new Qualcomm.
When the ruling is officially announced, it means that the scope of application of the Exhaustion Doctrine in the United States will be further expanded, which is quite symbolic.
The news from Qualcomm was like a New Year's gift, which put Fang Zhuo in a good mood for half the night watching the Spring Festival Gala.
However, in the remaining half of the night, the arrival of another gift made my mood a little different.
At 11 o'clock in the evening, Fang Zhuo received another call from a friend. Just like during the day, it was also an advance notice of news - BIS has drafted and submitted a disposal plan for ice cores, which will further restrict the equipment procurement and technology introduction of ice cores.
, at the same time, some companies will be restricted from providing services for ice cores, and some companies will also be restricted from accepting ice core services.
Buy, sell, cooperate.
Yike's name is clearly mentioned in the plan, and a certain amount of time will be set aside for buffering.
In addition to the disposal plan for Bingxin, there is also an informal handling plan, which focuses on the cooperation between Yike and Bingxin, and plans to force the end of product orders between Yike and telecom operators, which means that Yike is close to being kicked out
out of the U.S. market, and some companies will be called upon to carefully consider cooperation with Yike.
After listening to the briefing on the other end of the phone, Fang Zhuo asked: "Both plans are illegal, right? Is this constitutional?"
"If necessary, new regulations may appear." My friend's attitude is relatively clear, just like... Qualcomm is also facing new regulations today.
The other end of the phone immediately emphasized: "This is just an informal handling plan. It may not appear and may change, but I strongly suggest that we should not see such a plan exposed to the public eye."
A handling plan that may or may not appear and may change. It now appears on the phone more like an ultimatum and a warning.