Apple-Qualcomm Motion To Terminate ITC Investigation After Settlement

PUBLIC VERSION
UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC
In the Matter of
CERTAIN MOBILE ELECTRONIC

Investigation No. 337-TA-1093
DEVICES AND RADIO FREQUENCY
AND PROCESSING COMPONENTS
THEREOF (II)
JOINT MOTION TO TERMINATE THE INVESTIGATION PURSUANT TO

SETTLEMENT AGREEMENT
Pursuant to 19 C.F.R. § 210.21(b), Complainant Qualcomm Inc. (“Qualcomm”) and
Respondent Apple, Inc. (“Apple”) hereby move to terminate this Investigation based on the
attached Settlement and Release Agreement. See Confidential Exhibit 1.1 The Office of Unfair
Import Investigations has indicated that it will take a position on the motion after it is filed.
An investigation may be terminated as to one or more respondents based on a licensing or
other settlement agreement. 19 C.F.R. §210.21(b). Pursuant to the attached Settlement and
Release Agreement, Qualcomm and Apple have agreed to terms settling the dispute that forms the
subject matter of this Investigation. Apart from the attached Settlement and Release Agreement,
there are no agreements, written or oral, express or implied between the Parties concerning the
subject matter of the Investigation.
Allowing this motion to terminate based on the settlement of the Parties will not impose an
undue burden on the public health and welfare, competitive conditions in the United States
economy, production of like or directly competitive articles in the United States, or U.S.
1
Pursuant to this same Settlement and Release Agreement, Qualcomm will not be pursuing any appeal of
the Commission’s final decision in Investigation No. 337-TA-1065.
03536-00032/10824535.2 1
PUBLIC VERSION
consumers. See 19 C.F.R. § 210.50(b)(2). Indeed, it is in the interest of the public and
administrative economy to grant this motion. Commission policy and the public interest generally
favor termination by settlement, which preserves resources for both the Commission and the
private Parties, and termination based on a settlement is routinely granted. See, e.g., Certain
Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones and
Laptops) and Components Thereof, Inv. Nos. 337-TA-1004, 337-TA-990, Order No. 75 at 2 (Feb.
16, 2018) (granting motion to terminate based on settlement when termination would “not impose
any undue burdens on the public health and welfare, competitive conditions in the United States
economy, production of like or directly competitive articles in the United States, or United States
consumers”); see also Certain Electronic Devices, Including Mobile Phones, Tablet Computers,
and Components Thereof, Inv. No. 337-TA-1038, Order No. 26 (Aug. 8, 2017); Certain
Hemostatic Products and Components Thereof, Inv. No. 337-TA-913, Order No. 51 (Apr. 2,
2015). As such, the Commission should grant the instant motion to terminate the Investigation.
The Settlement and Release Agreement contains confidential business information within
the meaning of 19 C.F.R. § 210.5. Accordingly, Qualcomm and Apple request permission to
redact information confidential to Qualcomm and/or Apple, and further request that the un-
redacted version of the Settlement and Release Agreement be treated as Confidential Business
Information under the Protective Order in this Investigation (Order No. 1) and not publicly
disclosed. A redacted version of the Settlement and Release Agreement is attached hereto as
Exhibit 2 and will be filed publicly.
The treatment requested by Qualcomm and Apple is appropriate and consistent with
Commission precedent generally, which supports withholding settlement terms, and is further
consistent with the public interest, which favors settlement. See Certain Machine Vision Software,
03536-00032/10824535.2 2
PUBLIC VERSION
Machine Vision Systems, and Products Containing the Same, Inv. No. 337-TA-680, Order No. 17
(Initial Determination) (Oct. 26, 2009); Certain Semiconductor Chips and Products Containing
the Same, Inv. No 337-TA-753, Order No. 26 (June 20, 2011); Certain Dynamic Random Access
Memory Semiconductors and Products Containing Same, Including Memory Modules, Inv. 337-
TA-707, Order No. 10 (June 29, 2010); Certain Automotive Multimedia Display and Navigation
Systems, Inv. No. 337-TA-657, Order No. 27, (June 23, 2009); Certain Wireless Headsets, Inv.
No. 337-TA-943, Order No. 10 at 3 (May 19, 2015) (“termination of [respondent] is in the public
interest, as public and private resources will be conserved”); Certain Windshield Wipers &
Components Thereof, Inv. No. 337-TA-928/937, Order No. 24 at 3 (Jun. 5, 2015); Certain Set-Top
Boxes, Gateways, Bridges, & Adapters & Components Thereof, Inv. No. 337-TA-915, Order No.
17 at 4 (Oct. 7, 2014); Certain Cases for Portable Elec. Devices, Inv. No. 337-TA-861/867, Order
No. 10 at 2-3 (Apr. 30, 2013).
For the foregoing reasons, Qualcomm and Apple respectfully request that that the
Commission grant the motion to terminate the Investigation.
03536-00032/10824535.2 3
PUBLIC VERSION
/s/ Deanna Tanner Okun /s/ Ruffin B. Cordell

_______________________________ _______________________________
Tom M. Schaumberg Ruffin B. Cordell
Deanna Tanner Okun Lauren A. Degnan
ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. Indranil Mukerji
1133 Connecticut Avenue, N.W., 12th Floor FISH & RICHARDSON P.C.
Washington, DC 20036 1000 Maine Ave. SW
Tel.: (202) 467-6300 Suite 1000
Fax: (202) 466-2006 Washington, DC 20024
Tel.: (202) 783-5070
S. Alex Lasher Fax: (202) 783-2331
QUINN EMANUEL URQUHART & SULLIVAN, LLP
1300 I Street, NW, Suite 900 Benjamin C. Elacqua
Washington, DC 20005 FISH & RICHARDSON P.C.
Tel.: (202) 538-8000 1221 McKinney Street, Suite 2800
Fax: (202) 538-8100 Houston, Texas 77010
Tel.: (713) 654-5300
David A. Nelson Fax: (713) 652-0109
Stephen Swedlow
QUINN EMANUEL URQUHART & SULLIVAN, LLP Whitney Reichel
191 N. Wacker, Suite 2700 FISH & RICHARDSON P.C.
Chicago, Illinois 60606 One Marina Park Drive
Tel.: (312) 705-7400 Boston, MA 02110
Fax: (312) 705-7401 Tel: (617) 542-5070
Fax: (617) 542-8906
Steven Cherny
Richard W. Erwine Betty H. Chen
Alexander Rudis FISH & RICHARDSON P.C.
Patrick Curran 500 Arguello Street, Suite 500
QUINN EMANUEL URQUHART & SULLIVAN, LLP Redwood City, California 94063
51 Madison Avenue, 22nd Floor Tel.: (650) 839-5070
New York, NY 10010 Fas: (650) 839-5071
Tel.: (212) 849-7000
Fax: (212) 849-7100 William F. Lee
Joseph J. Mueller
Sean S. Pak WILMER CUTLER PICKERING HALE
QUINN EMANUEL URQUHART & SULLIVAN, LLP AND DORR LLP
50 California Street, 22nd Floor 60 State Street
San Francisco, CA 94111 Boston, MA 02109
Tel.: (415) 875-6600 Tel.: (617) 526-6000
Fax: (415) 875-6700 Fax: (617) 526-5000
Evan R. Chesler Nina S. Tallon

Keith R. Hummel WILMER CUTLER PICKERING HALE
Richard J. Stark AND DORR LLP
Gary A. Bornstein 1875 Pennsylvania Avenue NW
03536-00032/10824535.2 4
PUBLIC VERSION
J. Wesley Earnhardt Washington, DC 20006

Yonatan Even Tel.: (202) 663-6000
Vanessa A. Lavely Fax: (202) 663-6363
CRAVATH, SWAINE & MOORE LLP
Worldwide Plaza, 825 Eighth Avenue Counsel for Respondent Apple Inc.
New York, NY 10019
Tel.: (212) 474-1000
Fax: (212) 474-3700
Richard S. Zembek
Eric B. Hall
Daniel S. Leventhal
Talbot R. Hansum
NORTON ROSE FULBRIGHT US LLP
Fulbright Tower
1301 McKinney, Suite 5100
Houston, TX 77010
Tel.: (713) 651-5151
Counsel for Complainant Qualcomm Incorporated
03536-00032/10824535.2 5
([KLELW1
Exhibit Not Susceptible to Public

Summarization in its Entirety
([KLELW2
PUBLIC VERSION
EXECUTION VERSION
Date: April 16, 2019
(1) QUALCOMM INCORPORATED
(2) APPLE INC.
SETTLEMENT AND RELEASE AGREEMENT

PUBLIC VERSION
THIS SETTLEMENT AND RELEASE AGREEMENT (“Agreement”) is being entered into

on April 16, 2019 (the “Effective Date”),
BY AND BETWEEN
(1) QUALCOMM INCORPORATED, a public corporation validly organized and existing

under the laws of Delaware, USA and having its principal office at 5775 Morehouse Drive,
San Diego, California 92121 USA (hereinafter referred to together with its Affiliates as
“Qualcomm”), and
(2) APPLE INC., a corporation validly organized and existing under the laws of California,
USA and having its principal office at 1 Apple Park Way, Cupertino, California 95014 USA
(hereinafter referred to together with its Affiliates as “Apple”),
(each of Qualcomm and Apple, as defined above to include their respective Affiliates, a “Party,”
and collectively, the “Parties”).
RECITALS
(A) WHEREAS, the Parties have been engaged in licensing discussions and a variety of
litigation and regulatory actions worldwide, including patent, antitrust, contract, tortious
interference and trade secret litigation, as well as government investigations, regulatory
proceedings and formal and informal complaints relating to each other's business,
(B) WHEREAS, Apple is aware of, and has itself asserted, claims that aspects of Qualcomm’s
licensing and chip business are and have been contrary to competition laws in various
jurisdictions, including the United States, China, Korea, Taiwan and Europe, and Apple
has reviewed the record developed in the litigation captioned Federal Trade Commission
v. Qualcomm, No. 5:17-cv-00220-LHK, in the United States District Court for the
Northern District of California (the “FTC Action”), is aware of the relief requested by the
FTC in such FTC Action, and has been requested by the FTC to comment on proposed
terms for a settlement between the FTC and Qualcomm,
(C) WHEREAS, the Parties have litigated such claims in the United States District Court for
the Southern District of California, in which litigation each Party has received extensive
document and deposition discovery from the other Party,
(D) WHEREAS, each Party denies any wrongdoing and intends to continue to vigorously
contest any allegations and/or findings of liability under the laws of any jurisdiction
concerning its business practices,
PUBLIC VERSION
(E) WHEREAS, each Party has offered the other Party the opportunity to engage in an
arbitration proceeding to establish the terms of a direct license agreement between the
Parties,
(F)
(G) WHEREAS, the Parties are entering into a full, final, complete and global settlement of
the subject matter of such litigation and actions, terminating or withdrawing from any
such litigation, suits or other official proceedings, and ceasing to pursue and/or
terminating any formal written complaints filed in any regulatory, administrative or other
governmental body about each other’s business practices, all on the terms and conditions
set forth herein,
(H) WHEREAS, the dismissals, releases, covenants, waivers, discharges and other
consideration provided for hereunder constitute valuable consideration to each Party, and
(J) WHEREAS, neither Party admits that it is liable under any claim raised by the other Party
in any of the litigations, actions or other judicial or governmental proceedings being settled
hereby.
NOW, THEREFORE, in consideration of the above premises and in recognition of all of the
consideration described herein, including risk mitigation, the Parties agree as follows:
1 DEFINITIONS AND INTERPRETATION
1.1 Capitalized terms used and not otherwise defined herein shall have the meanings ascribed
to such terms in .
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1.2 For the purpose of this Agreement the terms defined below shall have the following
meanings (and where the context so requires the singular shall include the plural and vice
versa):
“Affiliate” shall mean, with respect to a Person, any current or future Person, that
controls, is controlled by, or is under common control with such first Person. For the
purposes of the definition of “Affiliate”, “control” means the direct or indirect ownership
or control of fifty percent (50%) or more of the voting securities of such Person or direct
or indirect possession of sole or joint power to direct or cause the direction of the
management and policies of such Person, whether through ownership of voting securities,
by contract or otherwise;
“AOE” shall mean Apple Operations Europe, a duly established corporation under the
laws of Ireland, having a registered office at Hollyhill Industrial Estate, Hollyhill Cork,
Ireland.
“Apple Actions” shall mean (a) any litigation, suits or other official proceedings by Apple
against Qualcomm in a court, governmental tribunal or administrative agency, whether by
complaint, counterclaim, intervention or otherwise on or prior to the Effective Date;
(b) any formal written complaints (or any written requests for an official investigation or
other official proceeding) relating to Qualcomm’s business filed by Apple with a
regulatory, administrative or other governmental body on or prior to the Effective Date
(the “Apple Regulatory Actions”); (c) any inter partes review, covered business
method review, or re-examination or analogous action filed or requested by Apple on or
prior to the Effective Date against Qualcomm Covered Patents and that in each case has
not been instituted in the United States prior to ten (10) Business Days after the Effective
Date; and (d) any claim against or accusing a Qualcomm Covered Product (or the direct
or indirect fabrication, manufacturing, remanufacturing, assembly, testing, packaging,
repair or servicing with respect thereto) filed or otherwise brought by Apple against any
Third Party in a litigation, suit or other official proceeding in a court, governmental
tribunal or administrative agency on or prior to the Effective Date.
“Apple CMs” shall mean
“Apple Territory/Territories” shall mean with respect to: (a) Apple Inc., the Americas
and any other territory not covered in (b) below or (b) AOE, the Europe, Middle East,
Africa, and the Asia Pacific regions.
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“Covered Patents” shall mean, with respect to a Party,
“Covered Products” shall mean, with respect to a Party,
“Patent License Term” shall have the meaning
“Qualcomm Actions” shall mean (a) any litigation, suits or other official proceeding by
Qualcomm against Apple in a court, governmental tribunal or administrative agency,
whether by complaint, counterclaim, intervention or otherwise on or prior to the Effective
Date; (b) any formal written complaints (or any written requests for an official
investigation or other official proceeding) relating to Apple’s business filed by Qualcomm
with a regulatory, administrative or other governmental body on or prior to the Effective
Date (the “Qualcomm Regulatory Actions”); (c) any inter partes review, covered
business method review, or re-examination or analogous action filed or requested by
Qualcomm on or prior to the Effective Date against Apple Covered Patents and that in
each case has not been instituted in the United States prior to ten (10) Business Days after
the Effective Date; and (d) any claim against or accusing an Apple Covered Product (or
the direct or indirect fabrication, manufacturing, remanufacturing, assembly, testing,
packaging, repair or servicing with respect thereto) filed or otherwise brought by
Qualcomm against any Third Party in a litigation, suit or other official proceeding in a
court, governmental tribunal or administrative agency on or prior to the Effective Date.
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“Related Agreements” means
“Senior Representative” means, with respect to a Party, the officers of such Party or
their designees.
“Third Party” means any Person other than either Party.
2 DISMISSAL OF ACTIONS
Qualcomm and Apple shall take, and shall cause their respective Affiliates to take, the following
steps to withdraw, discontinue, dismiss, terminate and/or refrain from participation in each of
the Apple Actions and Qualcomm Actions, to the fullest extent permissible by applicable rules and
procedures in the applicable jurisdictions:
2.1 Within ten (10) Business Days of the Effective Date:
2.1.1 Apple shall take steps sufficient to procure that the Apple Actions (other than
Apple Regulatory Actions and matters subject to Clause 2.3) be withdrawn,
discontinued or dismissed in their entirety to the fullest extent permissible by
applicable rules and procedures in the applicable jurisdictions, including by
executing and filing at the court or regulatory, administrative or other
governmental body the forms at Schedule 1, other forms to be mutually agreed and
any other filings as may be necessary to effectuate such withdrawals,
discontinuances or dismissals. Such withdrawals, discontinuances and dismissals
shall be with prejudice.
2.1.2 Qualcomm shall take steps sufficient to procure that the Qualcomm Actions (other
than Qualcomm Regulatory Actions and matters subject to Clause 2.3) be
withdrawn, discontinued or dismissed in their entirety to the fullest extent
permissible by applicable rules and procedures in the applicable jurisdictions,
including by executing and filing at the court or regulatory, administrative or other
governmental body the forms at Schedule 1, other forms to be mutually agreed and
any other filings as may be necessary to effectuate such withdrawals,
discontinuances or dismissals. Such withdrawals, discontinuances and dismissals
shall be with prejudice.
2.1.3 Each Party shall cease instructing or funding any litigation, suit or other official
proceeding filed by a Third Party in any court, governmental tribunal or
administrative agency that, if brought by Apple or Qualcomm would be an Apple
Action or Qualcomm Action, respectively, except (i) the foregoing does not
preclude activities in connection with winding down any litigation, suit or other
official proceeding, (ii) the foregoing is subject to the Parties’ rights under Clause
4.7, and (iii) each such Party is not precluded from joining organizations such as
Unified Patents, Allied Security Trust, RPX, or other similar entities and mere
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PUBLIC VERSION
participation in such organizations and entities shall not by itself constitute such
instruction or funding.
2.2 Each Party shall without undue delay file any consent necessary or requested by any court,
government tribunal or administrative body to effect the withdrawal, discontinuance or
dismissal of the Apple Actions and Qualcomm Actions (other than Qualcomm Regulatory
Actions, Apple Regulatory Actions and matters subject to Clause 2.3) with prejudice as set
forth Clauses 2.1.1 and 2.1.2.
2.3 Within ten (10) Business Days of the Effective Date, with respect to any inter partes
review, covered business method review, re-examination request, opposition, revocation
or nullity request, or analogous action filed or requested by a Party that is included in the
Apple Actions or Qualcomm Actions subject to this Clause 2, the dismissing Party shall
take all necessary actions to terminate, otherwise withdraw, or refrain from participating
in relation thereto to the extent legally permissible. The foregoing does not affect any
other inter partes review, covered business method review, or re-examination request,
opposition, revocation or nullity request, or analogous action filed or requested by a Party
on or prior to the Effective Date against, as applicable, the Qualcomm Covered Patents or
Apple Covered Patents, including any of the foregoing that have been instituted in the
United States prior to ten (10) Business Days after the Effective Date or are filed or
requested outside the United States.
2.4 Within ten (10) Business Days of the Effective Date:
2.4.1 Apple shall take sufficient steps to procure withdrawal or termination to the fullest
extent permissible by applicable rules and procedures in the applicable
jurisdictions of the Apple Regulatory Actions.
2.4.2 Qualcomm shall take sufficient steps to procure withdrawal or termination to the
fullest extent permissible by applicable rules and procedures in the applicable
jurisdictions of the Qualcomm Regulatory Actions.
2.4.3 Each Party shall promptly provide the other Party to the fullest extent permissible
by applicable rules and procedures in the applicable jurisdictions with a complete
and accurate copy of all forms or pleadings submitted to effectuate the withdrawals
described in Clauses 2.4.1 and 2.4.2 that are not otherwise publicly available or
accessible to the other Party or its outside counsel.
2.5 Each Party shall bear all its own costs and fees, and neither Party shall request
reimbursement of its legal costs, court fees or expenses from the other.
2.6
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2.7
3 RELEASES
3.1
3.2
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4 COVENANTS
4.1 Covenant Not To Bring Released Claims During and After the Patent License Term.
Each Party, on behalf of itself and its Affiliates, covenants not to bring any Claim that it has
released by Clause 3 (a “Released Claim”). In the event a Party or any of its Affiliates
brings a Released Claim, that Party shall be liable to reimburse the other Party for all
reasonable fees and costs incurred in defending against such Released Claim; provided that,
if such Party was unaware such Claim was a Released Claim, such reimbursement will not
be required if such Party (a) takes sufficient steps to procure the withdrawal, dismissal or
discontinuance of such Released Claim to the fullest extent permissible by applicable rules
and procedures in the applicable jurisdictions within thirty (30) days after the other Party
gives such Party written notice thereof and (b) such Released Claim is actually withdrawn,
dismissed or discontinued within sixty (60) days after such written notice.
4.2 Covenant Not to Bring Certain Claims
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4.3 Covenant Not to Bring Certain Claims
4.4 Covenant Not to Raise Claims
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4.5 Covenant Not to
4.6
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4.7 Allowed Actions During and After the Patent License Term.
Notwithstanding anything in this Agreement to the contrary but subject to Clause 10, each
Party may:
4.7.3 take any actions required to comply with law and respond to lawful requests of a
regulatory, administrative or other governmental body in connection with
subpoenas, discovery requests, testimony or otherwise, and
4.7.4 challenge or raise any argument, position, or defense with respect to FRAND
and/or standards-essential patent licensing generally (including in litigation with
Third Parties, in public statements and/or through standard-setting organizations
(including the European Telecommunications Standards Institute and IEEE) or
other public or nongovernmental agencies (including the International
Telecommunication Union)).
5 EFFECTIVENESS OF RELEASES
5.1 For the avoidance of doubt, the foregoing releases, covenants, dismissals, discharges and
waivers shall apply irrespective of whether or not a Party was or is aware of the applicable
potential Claims at the Effective Date hereof.
5.2 Each of Qualcomm Incorporated and Apple Inc., on behalf of itself and each of its respective
Affiliates, having specific intent to release all potential Claims and payments described in
Clause 3, whether known or unknown, does hereby acknowledge and expressly waive the
provisions of Article 1542 of the California Civil Code (and similar provisions in other
jurisdictions, whether by statute or common law), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM
OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.
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6 NO ADMISSIONS; REPRESENTATIONS, WARRANTIES AND COVENANTS
6.1 No Party makes any admission with regard to infringement, non-infringement, validity,
invalidity, damages, or any other issue regarding the Covered Patents or any other patents
owned or controlled by the Parties, or with regard to any of the Parties’ products,
technologies or services. No Party makes any admission that any Claim asserted against
it in any of the Apple Actions or Qualcomm Actions (as applicable) was meritorious, and
no Party makes any admission that any Claim that it asserted in any of the Apple Actions
or Qualcomm Actions (as applicable) was not meritorious. This Agreement shall not be
used in any future dispute between the Parties as evidence that any Claim asserted in any
of the Apple Actions or Qualcomm Actions (as applicable) was or was not meritorious.
6.2 Save as expressly set forth herein, this Agreement does not grant any releases, license or
other rights to the Qualcomm Covered Patents or Apple Covered Patents or to any other
patents, copyrights, trademarks, trade secrets or other intellectual property rights owned
or controlled by the Parties.
6.3
6.4 Each Party represents, warrants and covenants to the other Party that, as of the Effective
Date:
6.4.1 it is a validly existing business and in good standing under the laws of its respective
jurisdiction of domicile;
6.4.2 it has all requisite legal right, power, authority and competence to execute, deliver
and perform and cause its Affiliates to perform this Agreement;
6.4.3 it has not assigned or otherwise transferred any of the Claims that such Party
alleged in any of the Apple Actions or Qualcomm Actions;
6.4.4 such Party’s execution, delivery and performance of this Agreement has been fully
authorized by all necessary corporate and other actions;
6.4.5 neither the execution nor performance of this Agreement shall violate any law,
statute, regulation, injunction, judgment, administrative order or other restriction
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PUBLIC VERSION
by any judicial or other governmental authority or contract to which such Party or

any of its or their properties or assets are subject or any provision of the articles of
association or bylaws of such Party;
6.4.6 it has the power to bind each of its Affiliates to the extent required for such Affiliate
to perform its obligations under this Agreement; and
6.4.7 it has not granted and shall not grant any rights, under its Covered Patents or
otherwise, that would conflict with or prevent the rights granted to the other Party
and its Covered Products hereunder.
6.5 Apple represents and warrants that Schedule 3-A contains all Apple Actions that have not
fully and finally terminated, without the possibility for appeal, as of the Effective Date.
6.6 Qualcomm represents and warrants that Schedule 3-B contains all Qualcomm Actions that
have not fully and finally terminated, without the possibility for appeal, as of the Effective
Date.
6.7 Each Party and its respective counsel have reviewed and approved this Agreement, and
accordingly any presumption or rule of construction permitting ambiguities to be resolved
against the drafting Party shall not be employed in the interpretation or application of this
Agreement.
6.8 Apple will complete its production to comply with the order of the United States District
Court for the Northern District of California in the proceeding captioned In re Ex Parte
Application of Qualcomm Incorporated, No. 4:18-mc-80134-PJH (“Section 1782
Case”) for Qualcomm's use in the General Court of Justice of the European Union. The
Parties agree that the obligations of the protective order in the Section 1782 Case continue
to be binding upon the Parties and survive execution of this Agreement.
6.9 Other than as expressly set forth in this Agreement, neither Party makes any
representations, extends any warranties of any kind, either express or implied, or assumes
any responsibilities whatsoever hereunder with respect to the manufacture, sale, lease,
use, importation or disposition of any product or component thereof by or on behalf of the
other Party.
7 FURTHER ASSURANCE
7.1 Each Party shall at its own cost and expense use all reasonable efforts to ensure the
carrying out of whatever further actions (including the execution of further documents)
may be required to give effect to this Agreement.
7.2 If either Qualcomm Incorporated or Apple Inc. (or any future direct or indirect parent
Affiliate thereof) proposes to have created a direct or indirect parent Affiliate of such Party,
such Party shall, prior to the creation of such parent Affiliate, cause the Person that shall
become such parent Affiliate to agree, in a writing executed by such Person and the other
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Party, to assume all obligations of such Party hereunder immediately upon its becoming
such parent Affiliate and provide a copy of such executed agreement to the other Party.
8 APPLICABLE LAW AND JURISDICTION
8.1 Except as set forth in Clause 12.3.4, this Agreement is made and entered into in the State
of California and will be governed by and construed and enforced in accordance with the
laws of the State of California without regard to conflicts of laws principles.
8.2 The Parties shall make every effort to settle amicably any and all disputes, controversies,
conflicts and claims arising out of this Agreement, the performance or non-performance
or timely performance of the obligations set forth herein or asserted breach hereof
(including any questions regarding its existence, validity, interpretation, enforceability or
termination) (a “Dispute”).
8.2.1 Any Dispute among the Parties not settled or resolved shall be first referred, by
written notice setting out brief details of the Dispute (a “Dispute Notice”) given
by a Party to the other Party, to the Senior Representatives. The Party receiving
the Dispute Notice shall provide a response in writing (the “Response”) to the
Party that sent the Dispute Notice within fifteen (15) calendar days after the date
the Dispute Notice is sent, after which the Parties shall make a good faith effort to
resolve such Dispute. Any resolution of the Dispute agreed to by such Senior
Representatives in writing shall be deemed final. Any Dispute which is not
resolved in accordance with the foregoing within thirty-one (31) calendar days
after the date the related Dispute Notice is sent shall be finally and exclusively
resolved by arbitration as set forth in this Clause 8.2.
8.2.2 All arbitrations hereunder shall be under and governed by the International Centre
for Dispute Resolution (“ICDR”) Rules in force as of the date hereof, as may be
amended by the rest of this Clause 8.2. The seat, or legal place, of arbitration shall
be in Los Angeles, California. The language to be used in the arbitral proceedings
shall be English. The arbitral award shall be final and binding, without any right
of review or appeal, upon the Parties and shall be enforceable in accordance with
its terms. Arbitration expenses shall be paid by the relevant Party as determined
by the arbitral tribunal. Absent a determination by the arbitral tribunal, each Party
shall bear its own fees and expenses, and the fees and expenses of the arbitral
tribunal shall be borne one-half by all petitioner Parties and one-half by all
respondent Parties. If a Party needs to enforce an arbitral award by legal action of
any kind, the Party against which such legal action is taken shall pay all reasonable
costs and expenses and attorneys’ fees, including any cost of additional litigation
or arbitration incurred by the Party seeking to enforce the award.
8.2.3 The arbitral tribunal shall consist of three (3) arbitrators each of whom shall have
served as an arbitrator in at least five (5) arbitral proceedings. The Dispute Notice
shall identify one (1) arbitrator satisfying the conditions set forth in the
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immediately preceding sentence that will be appointed by the Party delivering the
Dispute Notice if the Dispute is not resolved pursuant to the second sentence of
Clause 8.2.1, and the Response shall identify one (1) arbitrator satisfying the
conditions set forth in the immediately preceding sentence that will be appointed
by the Party delivering the Response if the Dispute is not resolved pursuant to the
second sentence of Clause 8.2.1; provided that if either Party fails to identify an
arbitrator in the Dispute Notice or Response, as applicable, or to appoint the
arbitrator so identified within thirty (30) calendar days after receiving notification
of the other Party’s appointment of the arbitrator identified by such other Party in
the Dispute Notice or Response, as applicable, the ICDR shall appoint the
arbitrator for and on behalf of such party. The two (2) arbitrators appointed by the
Parties (or by the ICDR pursuant to the proviso to the immediately preceding
sentence) shall together select the third (3rd) arbitrator within thirty (30) calendar
days of their appointment, or if such two (2) arbitrators cannot agree on such third
(3rd) arbitrator within such thirty (30) calendar days, the ICDR shall appoint such
third (3rd) arbitrator.
8.2.4 During the course of the foregoing dispute resolution process and any arbitration
proceedings, all provisions of this Agreement shall, to the most feasible and
practical extent, be implemented continuously by the Parties.
8.2.5 The Parties hereby consent generally to any submission to arbitration made in
accordance with this Clause 8.2, to the giving of any interim and conservatory relief
(including any temporary injunctive relief) by the Court of Chancery of the State of
Delaware (or, if such court does not have jurisdiction, any other court with
jurisdiction in the State of Delaware) or the issue of any process in connection with
such submission, action or proceeding, including the issue of any process in
connection with such submission, action or proceeding or the making,
enforcement or execution against any property whatsoever (irrespective of its use
or intended use) of any order, award or judgment which may be made or given in
any such arbitration, action or proceeding, and waives any objection that it may
have to any such court on the grounds of inconvenient forum. Any application or
request for interim or conservatory relief must be made to the Court of Chancery
of the State of Delaware (or, if such court does not have jurisdiction, any other
court with jurisdiction in the State of Delaware). Any arbitration award shall be
enforceable by any court or courts having jurisdiction over the Party against which
the award has been rendered, or over the assets of the Party against which such
award has been rendered, wherever such assets may be located.
8.2.6 The Parties agree to abide by and perform (a) any decision issued by the arbitral
tribunal constituted pursuant to this Clause 8.2 and (b) any judgment or order
issued in any interim relief proceeding pursuant to this Clause 8.2.
16
PUBLIC VERSION
8.2.7 The Parties shall maintain strict confidentiality with respect to all aspects of each
arbitration under this Agreement and shall not disclose the fact, conduct or
outcome of any such arbitration to any non-Parties or non-participants, except to
the extent required by applicable law or to the extent necessary to recognize,
confirm or enforce the final award in the arbitration, without the prior written
consent of all parties to the arbitration. Any Party who fails to observe the
confidentiality restrictions in this Agreement shall be subject to the imposition of
monetary sanctions by the arbitral tribunal.
9 PAYMENT
9.1 Apple Inc. or AOE, with respect to their applicable Apple Territories or as otherwise
reasonably agreed, hereby agrees to pay Qualcomm Incorporated a one-time payment of
.
9.2
9.3
10 CONFIDENTIALITY AND PUBLICITY
10.1 The Parties (a) shall hold this Agreement (including its Schedules and its terms and
conditions), along with all correspondence and information shared hereunder or relating
to this Agreement that is not or has not become public, but (subject to Clause 10.2) not the
existence hereof, as strictly confidential and (b) agree to refrain from disclosing any of the
foregoing now or hereafter to any Third Party, unless such disclosure is:
17
PUBLIC VERSION
10.1.1 necessary to effectuate, enforce or otherwise perform the releases, waivers,

covenants, acquittals, dismissals, discharges and other rights granted under this
Agreement but solely as to the scope of, and to any Third Party covered by, the
foregoing if such Third Party has first entered into a written non-disclosure
agreement not less protective than the terms of this Clause 10;
10.1.2 authorized in writing and in advance by the other Party (email being sufficient if,
in the case of Apple, such email is sent by an employee of Apple who is at the level
of director (or above) and if, in the case of Qualcomm, such email is sent by an
employee of Qualcomm with the title of Senior Director or above);
10.1.3 (a) made in confidence to a Party’s own legal counsel or independent auditors;
(b) made in confidence to a Party’s legal or financial advisors that are under a duty
not to disclose this Agreement to any Third Party;
10.1.4 made during the course of litigation, arbitration or a governmental regulatory

proceeding to support a claim, counterclaim or defense of a Party or in response to
a subpoena, discovery request, rule or valid order or formal request of a court,
arbitration body or any other Governmental Authority;
10.1.5 solely as to the terms and conditions of this Agreement, in response to an informal
request of a Governmental Authority;
10.1.6 required for compliance with mandatory applicable law(s), regulation(s), rule(s)
or order(s) of any Governmental Authority of competent jurisdiction, including
applicable securities law;
10.1.7
18
PUBLIC VERSION
10.1.8
10.1.9
10.2 With respect to the foregoing Clauses 10.1.5 and 10.1.6, such disclosing Party shall, to the
extent legally permissible: (a) provide the other Party with written notice of such
disclosure sufficiently prior to providing such disclosure; and (b) use all reasonable efforts
to limit the disclosure of the terms and conditions of this Agreement or other confidential
information of such other Party, and to obtain a protective order or other confidential
treatment with respect thereto and comply with all reasonable requests of the other Party
in connection therewith. With respect to the foregoing Clause 10.1.4, the foregoing (a) and
(b) shall apply and in addition, such disclosing Party and its Affiliates shall, to the extent
legally permissible, use all reasonable efforts to limit the disclosure of the terms and
conditions of this Agreement or other confidential information of such other Party to the
requesting Person’s or its Affiliates’ outside counsel or outside legal advisors that are
under a duty not to disclose any such information to such requesting Person or its
Affiliates or any Third Party.
10.3 Neither Party shall issue a press release regarding this Agreement without the prior
written approval of the other Party.
19
PUBLIC VERSION
11 ASSIGNMENT
11.1 This Agreement shall be binding upon and shall inure to the benefit of each Party, their
respective successors and permitted assigns and any administrator, liquidator, receiver,
supervisor, trustee or similar officer of such Person. Notwithstanding the foregoing, neither
Party may assign this Agreement or any of its rights or obligations hereunder (including by
contract, operation of law or otherwise) without the prior written consent of the other Party.
Any attempted assignment in contravention of the foregoing shall be null and void.
11.2
11.3 All covenants, releases, discharges, waivers and dismissals and other rights and obligations
contained herein shall run with each Covered Patent (along with all continuations,
continuations-in-part (to the extent of common priority), divisionals, reissues,
reexaminations, and other Patents claiming common priority to such Patents as well as all
foreign counterparts of and patents issuing on the foregoing). Neither Party shall assign,
transfer, or grant any right under any Covered Patent of such Party to any Person (including
if any Affiliate of a Party ceases to be an Affiliate) unless such assignment, transfer or grant
is subject to all of the releases, covenants, discharges, waivers, dismissals and other rights
and obligations granted under such Covered Patent under this Agreement.
11.4
11.5
20
PUBLIC VERSION
11.5.2
11.6
12 MISCELLANEOUS
12.1 This Agreement, all Schedules attached hereto, and the Related Agreements set forth the
entire understanding of the Parties with respect to the subject matter hereof, and replace
any prior oral or written communications, discussions or agreements between them
regarding such subject matter.
12.2 Nothing in this Agreement is intended or shall be deemed to constitute a partnership,

agency, employer-employee or joint venture relationship between the Parties. Neither
Party shall incur any debts or make any commitments for the other. There is no fiduciary
duty or special relationship of any kind between the Parties to this Agreement. Each Party
expressly disclaims any reliance on any act, word or deed of the other Party in entering
into this Agreement.
12.3 Severability
21
PUBLIC VERSION
12.3.1
12.3.1.1
12.3.1.2
12.3.1.3
12.3.2
12.3.3
22
PUBLIC VERSION
12.3.4
12.4 The Parties acknowledge and agree that irreparable damage could occur in the event that
any provision of this Agreement is breached, and that monetary damages, even if available,
would not be an adequate remedy therefor. It is accordingly agreed that the non-breaching
Party will be entitled to specific performance including injunctive relief as a remedy to
prevent or discontinue any such breach so as to enforce specifically the performance of
such provisions, and this being in addition to any other remedy, to which such non-
breaching Party may be entitled at law or in equity. The breaching Party hereby irrevocably
waives any right to make a claim that: (a) the non-breaching Party will not suffer
irreparable harm from a breach of any provision of this Agreement; (b) that monetary
damages would be an adequate remedy therefor; or that (c) the non-breaching Party is not
entitled to specific performance, including injunctive relief, as a remedy.
12.5 The headings and titles inserted in this Agreement are for reference only and are not
intended to form any part of the operative portion of this Agreement, and they shall not
be employed in the interpretation or application of this Agreement.
12.6 This Agreement cannot be modified or amended in any respect orally or by conduct of the
Parties. Any modification, or amendment may be made only by a writing signed by all
Parties. No waiver of any provision shall be binding in any event unless executed in writing
by the Party making the waiver.
23
PUBLIC VERSION
12.7 This Agreement may not be terminated, except upon the express mutual written
agreement of the Parties. In the event of any such termination hereof, Clauses 1 through
5, and 7 through 12 hereof shall survive in full force and effect.
12.8 All notices required or permitted to be given hereunder shall be in writing and shall be
deemed delivered (a) upon receipt if delivered by hand; (b) three (3) Business Days after
being sent by prepaid, internationally-recognized, overnight air courier for international
deliveries and one (1) Business Day after being sent by prepaid, nationally-recognized,
overnight air courier for national deliveries; (c) five (5) Business Days after being sent by
registered or certified airmail, return receipt required, postage prepaid; or (d) upon
transmittal when transmitted by confirmed telecopy (provided that such notice is followed
by notice pursuant to any of (a)–(d) above). All notices shall be addressed as follows:
If to QUALCOMM:
Qualcomm Incorporated
5775 Morehouse Drive
San Diego, California 92121
U.S.A.
Attn: General Counsel
With a copy to:
Qualcomm Technology Licensing

U.S.A.
Attn: QTL Division Counsel
Qualcomm Technologies, Inc.

U.S.A.
Attn: QTI Division Counsel
If to APPLE:
Apple Inc.
1 Apple Park Way
Cupertino, California 95014
U.S.A.
Attn: General Counsel
With a copy to:
24
PUBLIC VERSION
Apple Inc.
1 Apple Park Way
Cupertino, California 95014
U.S.A.
Attn: Chief IP Counsel
12.9 Each Party and its respective counsel have reviewed and approved this Agreement, and
accordingly any presumption or rule of construction permitting ambiguities to be resolved
against the drafting party shall not be employed in the interpretation or application of this
Agreement.
12.10 This Agreement may be executed in several counterparts, each of which is deemed to be
an original but all of which constitute one and the same instrument.
12.11 Except as otherwise expressly set forth herein, all expenses (including fees and charges of
any attorneys, accountants or others) incurred by a Party in connection with this
Agreement or the transactions contemplated hereby shall be paid by the Party incurring
such expenses.
12.12 No rule of strict construction shall be applied against either Party when interpreting this
Agreement. As used in this Agreement, unless expressly stated otherwise, the term
“including” (or variations thereof) means “including but not limited to” and the word "or"
shall not be exclusive and shall be interpreted as “and/or”. Whenever the consent or
approval of a Party is needed under this Agreement, unless expressly stated otherwise,
such Party may grant or withhold its consent or approval in its discretion, and whenever
a Party may act in its discretion under this Agreement, such Party may act in its sole and
absolute discretion. This Agreement, including the Schedules hereto (which are part of
this Agreement), is prepared and executed in the English language only, which language
shall be controlling in all respects; any translations of this Agreement into any other
language is for reference only and shall have no legal force or effect.
[Signature pages follow]
25
PUBLIC VERSION
PUBLIC VERSION
PUBLIC VERSION
Cristiano Amon
PUBLIC VERSION
SCHEDULE 1
Forms of Dismissal
PUBLIC VERSION
Form IPR Joint Motion to Terminate:

PUBLIC VERSION
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________
APPLE INC.
Petitioner
v.
QUALCOMM, INC.
Patent Owner
____________
Case IPR201x-xxxx
Patent x,xxx,xxx
____________
JOINT MOTION TO TERMINATE PROCEEDING UNDER 35 U.S.C. § 317
1
PUBLIC VERSION
Joint Motion To Terminate Proceeding

Case: IPR201x-xxxxx
Pursuant to 35 U.S.C. § 317 and 37 C.F.R. §§ 42.72 and 42.74, the Patent
Owner Qualcomm, Inc. (“Qualcomm”) and Petitioner Apple Inc. (“Apple”)
(collectively “Parties”) hereby jointly move for an order terminating the inter
partes review, pursuant to the terms of the Settlement Agreement, dated April xx,
2019, entered into by the Parties.
The IPR Proceeding relates to a petition for inter partes review filed [date],
directed to Patent No. x,xxx,xxx (the “xxx patent”), and assigned case number
IPR201x-xxxxx. Patent Owner filed a Preliminary Response on [date]. (Paper No.
[].) The PTAB instituted trial on [date]. (Paper No. [].)
The Parties have settled their dispute, and have reached agreement to
terminate this IPR Proceeding. The Parties’ Settlement Agreement has been made
in writing, and a true copy of same is attached as Exhibit xx.
In addition, the Parties desire that the Settlement Agreement be maintained
as business confidential information under 37 C.F.R. § 42.74(c), and a separate
joint request to that effect is being filed concurrently herewith.
1. Reasons Why Termination Is Appropriate
Termination is proper under 35 U.S.C. § 317(a) because the Parties are
jointly requesting termination, the review is still in its early stages, and the Office
has not yet “decided the merits of the proceeding before the request for termination
1
PUBLIC VERSION

Case: IPR201x-xxxxx
is filed.” As noted in the Patent Office Trial Practice Guidelines, “there are strong
public policy reasons to favor settlement between the parties to a proceeding . . . .
The Board expects that a proceeding will terminate after the filing of a settlement
agreement, unless the Board has already decided the merits of the proceeding. 35
U.S.C. 317(a), as amended, and 35 U.S.C. 327.”1 Accordingly, termination is
appropriate here.
The Parties understand that if the Board terminates this inter partes review
with respect to Petitioner under 35 U.S.C. § 317(a), no estoppel under section 315(e)
will attach to Petitioner on the basis of this inter partes review. The Parties also
understand that if the Board terminates this inter partes review with respect to
Petitioner before a final written decision on patentability, no estoppel will attach to
Petitioner under 37 C.F.R. § 42.73(d)(1). The Parties understand that if the Board
terminates this inter partes review before a final written decision on patentability,
no preclusion will attach to Patent Owner under 37 C.F.R. § 42.73(d)(3).
As required under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), a true copy
of the Settlement Agreement made in connection with, or in contemplation of, the
termination of this inter partes review is being contemporaneously filed herewith as
Exhibit xx. There are no other collateral agreements or understandings made in
1
See Federal Register Vol. 77, No. 157 at 48768.
2
PUBLIC VERSION

Case: IPR201x-xxxxx
connection with, or in contemplation of, the termination of this inter partes review.
A joint request to treat this agreement as business confidential information and to
keep it separate from the files of the ’xxx patent is being filed concurrently.
2. Parties In Related Litigation Involving the Patent At-Issue
The ’xxx patent is asserted in [[INSERT CASE INFORMATION]] (“the
Litigation”). The Parties to this proceeding are also the only parties to the Litigation.
3. Related Proceedings Currently Before the Office
The Parties are unaware of any other proceedings involving the ’xxx patent
that are currently before the Office.
OR
The ’xxx patent is also the subject of the following other proceedings, which
the Parties have or will also be jointly moving to terminate: IPR____-_____, -
_____, -_____.]]
There are a number of proceedings involving the Parties and other patents
asserted in the Litigation, as listed in Table 1 below. The Parties have or will also
be jointly moving to terminate the additional proceedings listed in Table 1.
TABLE 1
Patent IPR No(s).
[[Pat. No.]] IPR____-_____
3
PUBLIC VERSION

Case: IPR201x-xxxxx
[[(where appropriate) There are also a number of proceedings before the
Office involving other patents at issue in the Litigation, but for which Intel
Corporation is the Petitioner, as listed in Table 2. The settlement between
Qualcomm and Apple does not resolve the proceedings listed in Table 2.]]
TABLE 2
Patent IPR No(s).
[[Pat. No.]] IPR____-_____
4. Status of Related District Court Litigation
The ’xxx patent is the subject of the Litigation. On [date], the Patent Owner
and the Petitioner moved to dismiss their respective claims and counterclaims with
prejudice in the related District Court litigation. There are no other pending
litigations or any other proceedings between the Petitioner and Patent Owner
relating to the ’xxx patent.
For the foregoing reasons, the Parties jointly request termination of IPR No.
IPR201x-xxxxx.
Respectfully submitted,
Date:
XXX
For Patent Owner, Qualcomm, Inc.
4
PUBLIC VERSION

Case: IPR201x-xxxxx
Date:
XXX
For Petitioner, Apple Inc.
5
PUBLIC VERSION
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________
APPLE INC.
Petitioner
v.
QUALCOMM, INC.
Patent Owner
____________
Case IPR201x-xxxx
Patent x,xxx,xxx
____________
JOINT REQUEST TO KEEP AGREEMENT CONFIDENTIAL AND

SEPARATE UNDER 35 U.S.C. § 317 AND 37 C.F.R. § 42.74(c)
PUBLIC VERSION
Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner and Patent
Owner (the “Parties”), jointly request to treat business confidential information, and
to keep separate from the file of the involved patent, the true and complete copy of
the Settlement Agreement (Exhibit xx) between the Parties as referenced in the Joint
Motion To Terminate under 35 U.S.C. § 317 and 37 C.F.R. §§42.72 and 42.74, filed
concurrently herewith.
35 U.S.C. § 317(b) provides that:
At the request of a party to the proceeding, the agreement or

understanding shall be treated as business confidential information, shall
be kept separate from the file of the involved patents, and shall be made
available only to Federal Government agencies on written request, or to
any person on a showing of good cause.
Likewise, 37 C.F.R. § 42.74(c) provides that:
A party to a settlement may request that the settlement be treated as

business confidential information and be kept separate from the files of
an involved patent or application. The request must be filed with the
settlement. If a timely request is filed, the settlement shall only be
available:
(1) To a Government agency on written request to the Board; or
PUBLIC VERSION
(2) To any other person upon written request to the Board to make
the settlement agreement available, along with the fee specified in §
42.15(d) and on a showing of good cause.
The present request, which is being filed contemporaneously with the
Settlement Agreement (Exhibit xx), is timely and in accordance with the foregoing
authority. Therefore, the Parties request that the Settlement Agreement (Exhibit
xx) (i) be treated as business confidential information, (ii) be maintained separate
from the publicly available file of the involved patent, and (iii) shall be made
available only to Federal Government agencies on written request, or to persons
showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and 37
C.F.R. § 42.74(c).
Respectfully submitted,
Date:
XXX
Patent Owner, Qualcomm, Inc.
Date:
XXX
For Petitioner, Apple Inc.
PUBLIC VERSION
CERTIFICATE OF SERVICE
Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned
certifies that on XXX, a complete and entire copy of:
JOINT MOTION TO TERMINATE PROCEEDING UNDER

35 U.S.C. § 317
JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS

CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317 AND 37
C.F.R. § 42.74(c)
were provided via email, to Petitioner by serving the email correspondence
addresses of record as follows:
XXXXX
/[name]/
PUBLIC VERSION
Form Stipulation of Dismissal 108:

PUBLIC VERSION
1 Juanita R. Brooks, SBN 75934, brooks@fr.com

Seth M. Sproul, SBN 217711, sproul@fr.com
2 FISH & RICHARDSON P.C.
3 12390 El Camino Real
San Diego, CA 92130
4 Telephone: (619) 678-5070 / Fax: (619) 678-5099
5 Ruffin B. Cordell, DC Bar No. 445801, pro hac vice, cordell@fr.com
6 Lauren A. Degnan, DC Bar No. 452421, pro hac vice, degnan@fr.com
FISH & RICHARDSON P.C.
7 1000 Main Avenue, S.W., Suite 1000
Washington, D.C. 20024
8 Telephone: (202) 783-5070 / Facsimile: (202) 783-2331
9 William A. Isaacson, DC Bar No. 414788, pro hac vice, wisaacson@bsfllp.com
10 Karen L. Dunn, DC Bar No. 1002520, pro hac vice, kdunn@bsfllp.com
BOIES SCHILLER FLEXNER LLP
11 1401 New York Avenue, N.W.
Washington, DC 20005
12 Telephone: (202) 237-2727 / Facsimile: (202) 237-6131
13
Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc.
14
(Counsel for the CMs and additional counsel listed below signature line)
15
UNITED STATES DISTRICT COURT
16
SOUTHERN DISTRICT OF CALIFORNIA
17
IN RE: Case No. 3:17-CV-00108-GPC-MDD
18
QUALCOMM LITIGATION, [Consolidated with 3:17-CV-01010-GPC-MDD]
19
20 JOINT STIPULATION AND [PROPOSED] ORDER TO
DISMISS
21
22 Judge: Hon. Gonzalo P. Curiel
Dept: 2D
23
24
25
26
27
28
Joint Stipulation and [Proposed] Order to Case No. 3:17-CV-00108-GPC-
Dismiss MDD
PUBLIC VERSION
1 Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Procedure, Apple

2 Inc., Qualcomm Inc., Compal Electronics, Inc., FIH Mobile LTD., Hon Hai
3 Precision Industry Co., Ltd., Pegatron Corp., and Wistron Corp. (together, the
4 “Parties”), by and through their respective counsel, hereby stipulate to dismissal
5 with prejudice of all claims, counterclaims, and defenses in this action in
6 consideration of a confidential settlement agreement between the Parties, with each
7 party to bear their own attorney’s fees and costs.
8
9
10 Dated: April 15, 2019 Respectfully submitted,
11 By: /s/ DRAFT
Juanita R. Brooks, SBN 75934, brooks@fr.com
12 Seth M. Sproul, SBN 217711, sproul@fr.com
Fish & Richardson P.C.
San Diego, CA 92130
14 Phone: 619-678-5070 / Fax: 619-678-5099
15 Ruffin B. Cordell, DC Bar No. 445801
pro hac vice, cordell@fr.com
16 Lauren A. Degnan, DC Bar No. 452421
pro hac vice, degnan@fr.com
17 Fish & Richardson P.C.
The McPherson Building
18 901 15th Street, N.W., 7th Floor
19 Phone: 202-783-5070 / Fax: 202-783-2331
20 Benjamin C. Elacqua, TX Bar No. 24055443
21 pro hac vice, elacqua@fr.com
22 One Houston Center, 28th floor
23 1221 McKinney
Houston, TX 77010
24 Phone: 713-654-5300 / Fax: 713-652-0109
25
William A. Isaacson, DC Bar No. 414788
26 pro hac vice, wisaacson@bsfllp.com
Karen L. Dunn, DC Bar No. 1002520
27 pro hac vice, kdunn@bsfllp.com
BOIES SCHILLER FLEXNER LLP
28
Joint Stipulation and [Proposed] Order to 1 Case No. 3:17-CV-00108-GPC-MDD
Dismiss
PUBLIC VERSION
1401 New York Avenue, N.W.

1 Washington, DC 20005
Telephone: 202-237-2727
2 Facsimile: 202-237-6131
3 Attorneys for Plaintiff and Counterclaim-Defendant
Apple Inc.
4
5
By: /s/ Draft
6 GIBSON DUNN & CRUTCHER, LLP
Theodore J. Boutrous, Jr. (SBN 132099)
7 tboutrous@gibsondunn.com
Daniel G. Swanson (SBN 116556)
8 dswanson@gibsondunn.com
Jason C. Lo (SBN 219030)
9 jlo@gibsondunn.com
Jennifer J. Rho (SBN 254312)
10 jrho@gibsondunn.com
Melissa Phan (SBN 266880)
11 mphan@gibsondunn.com
333 South Grand Avenue
12 Los Angeles, CA 90071
Telephone: (213) 229-7000
13 Facsimile: (213) 229-7520
14 Cynthia E. Richman (Pro Hac Vice)
(DC Bar No. 492089)
15 crichman@gibsondunn.com
1010 Connecticut Avenue, N.W.
Telephone: (202) 955-8500
17 Facsimile: (202) 467-0539
18 Attorneys for Defendants, Counterclaimants, and
Third-Party Plaintiffs, COMPAL ELECTRONICS,
19 INC., FIH MOBILE LTD., HON HAI PRECISION
INDUSTRY CO., LTD., PEGATRON CORPORATION,
20 WISTRON CORPORATION
21
22
23
24
25
26
27
28
Dismiss
PUBLIC VERSION
HUGH F. BANGASSER (Pro Hac Vice)

1 hugh.bangasser@klgates.com
CHRISTOPHER M. WYANT (Pro Hac Vice)
2 chris.wyant@klgates.com
J. TIMOTHY HOBBS (Pro Hac Vice)
3 tim.hobbs@klgates.com
K&L GATES LLP
4 925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
5 Telephone: +1 206 623 7580
Facsimile: +1 206 370 6371
6
Attorneys for Defendant, Counterclaimant, and
7 Third-Party Plaintiff Wistron Corporation
8
By: /s/ DRAFT
9
Evan R. Chesler (N.Y. Bar No. 1475722) (pro hac
10 vice)
echesler@cravath.com
11 CRAVATH, SWAINE & MOORE LLP
825 Eighth Avenue
12 New York, New York 10019
Telephone: (212) 474-1000
13 Facsimile: (212) 474-3700
14 David A. Nelson (Ill. Bar No. 6209623) (pro hac
vice)
15 davenelson@quinnemanuel.com
QUINN EMANUEL URQUHART & SULLIVAN,
16 LLP
500 West Madison St., Suite 2450
17 Chicago, Illinois 60661
Telephone: (312) 705-7400
18 Facsimile: (312) 705-7401
19 Karen P. Hewitt (SBN 145309)
kphewitt@jonesday.com
20 JONES DAY
4655 Executive Drive, Suite 1500
21 San Diego, California 92121
Telephone: (858) 314-1200
22 Facsimile: (858) 345-3178
23
Attorneys for Defendant and Counterclaim-Plaintiff
24 QUALCOMM INCORPORATED
25
26
27
28
Dismiss
PUBLIC VERSION
1
2 FILER’S ATTESTATION
3 Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative
4 Policies and Procedures of the United States District Court of the Southern District
5 of California, I certify that authorization for the filing of this document has been
6 obtained from each of the other signatories shown above and that all signatories
7 have authorized placement of their electronic signature on this document.
8
Dated: April 13, 2019 /s/ DRAFT
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dismiss
PUBLIC VERSION
1 CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and
2
foregoing document has been served on XX to all counsel of record who are deemed
3
to have consented to electronic service via the Court’s CM/ECF system per Civil
4
Local Rule 5.4. Any other counsel of record will be served by electronic mail,
5
facsimile and/or overnight delivery.
6
Executed on April 13, 2019, at San Diego, California.
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/s/ DRAFT
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Dismiss
PUBLIC VERSION
1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF CALIFORNIA
3 Case No. 3:17-CV-00108-GPC-MDD
IN RE:
4
QUALCOMM LITIGATION, [Consolidated with 3:17-CV-01010-GPC-MDD]
5
6 [PROPOSED] ORDER TO DISMISS
7 Judge: Hon. Gonzalo P. Curiel

Dept: 2D
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Dismiss
PUBLIC VERSION
1 On _________, the parties filed a joint stipulation to dismiss this action with
2 prejudice pursuant to Federal Rules of Civil Procedure 41(a)(1). Good cause
3 appearing, the Court GRANTS the joint motion and DISMISSES WITH
4 PREJUDICE this action in its entirety. Each party must bear their own attorneys’
5 fees and costs. The Clerk of the Court is instructed to close the case.
6
7 IT IS SO ORDERED.
8
Dated: April 13, 2019
9
Hon. Gonzalo P. Curiel
10 United States District Judge
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Dismiss
PUBLIC VERSION
Form of SD Cal Dismissal Motion 1375:

PUBLIC VERSION
1 Juanita R. Brooks (SBN 75934)/brooks@fr.com

Seth M. Sproul (SBN 217711)/sproul@fr.com
2 Frank Albert (SBN 247741)/albert@fr.com
Joanna M. Fuller (SBN 266406)/jfuller@fr.com
12390 El Camino Real
4 San Diego, CA 92130
Phone: (858) 678-5070/ Fax: (858) 678-5099
5 Attorneys for Apple Inc.
6 David A. Nelson (pro hac vice)
(Ill. Bar No. 6209623)
8 500 West Madison St., Suite 2450
Chicago, Illinois 60661
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
10 Attorneys for Qualcomm Incorporated
[Additional counsel identified on signature page]
11
13
14
QUALCOMM INC., Case No. 3:17-cv-01375-DMS-MDD
15
Plaintiff,
16
v. JOINT STIPULATION TO DISMISS
17 AND [PROPOSED] ORDER TO
DISMISS
18 APPLE INC.,
19 Defendant.
20
AND RELATED COUNTERCLAIMS. Judge: Hon. Dana M. Sabraw
21
22
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27
03536-00034/10730430.1
28 Joint Stipulation and [Proposed] Case No. 3:17-CV-01375-DMS-MDD
Order to Dismiss
PUBLIC VERSION
1 Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Procedure,

2 Qualcomm Inc. and Apple. Inc. (together, the “Parties”), by and through their
3 respective counsel, hereby stipulate to dismissal with prejudice of all claims,
4 counterclaims, and defenses in this action in consideration of a confidential
5 settlement agreement between the Parties, with each party to bear their own
6 attorney’s fees and costs.
7
8
9
10
12
By: s/ DRAFT
Frank Albert, SBN 247741, albert@fr.com
15 Joanna M. Fuller, SBN 266406, jfuller@fr.com
San Diego, CA 92130
17 Phone: 858-678-5070 / Fax: 858-678-5099
18
Ruffin B. Cordell, DC Bar No. 445801
19 pro hac vice, cordell@fr.com
Lauren A. Degnan, DC Bar No. 452421
20 pro hac vice, degnan@fr.com
1000 Maine Avenue, S.W. Suite 1000
22 Washington, D.C. 20024
Phone: 202-783-5070 / Fax: 202-783-2331
23
Mark D. Selwyn, SBN 244180,
24 mark.selwyn@wilmerhale.com
25 Wilmer Cutler Pickering Hale and Dorr LLP
950 Page Mill Road
26 Palo Alto, CA 94304
Phone: 650-858-6000 / Fax: 650-858-6100
27
28 William F. Lee, MA Bar No. 291960
Joint Stipulation and [Proposed] 2 Case No. 3:17-CV-01375-DMS-MDD
Order to Dismiss
03536-00034/10730430.1
PUBLIC VERSION
1 pro hac vice, william.lee@wilmerhale.com

Joseph J. Mueller, MA Bar No. 647567
2 pro hac vice, joseph.mueller@wilmerhale.com
3 Timothy Syrett, MA Bar No. 663676
pro hac vice, timothy.syrett@wilmerhale.com
4 Sarah B. Petty, pro hac vice,
sarah.petty@wilmerhale.com
5 Jonathan W. Woodard, pro hac vice,
jonathan.woodard@wilmerhale.com
6 Louis W. Tompros, pro hac vice,
7 louis.tompros@wilmerhale.com
Bradley M. Baglien, pro hac vice,
8 Bradley.baglien@wilmerhale.com
Wilmer Cutler Pickering Hale and Dorr LLP
9 60 State Street
10 Boston, MA 02109
Phone: 617-526-6000 / Fax: 617-526-5000
11
Nina S. Tallon, DC Bar No. 479481
12 pro hac vice, nina.tallon@wilmerhale.com
13 1875 Pennsylvania Avenue NW
Phone: 202-663-6000 / Fax: 202-663-6363
15
William A. Isaacson, DC Bar No. 414788
16 pro hac vice, wisaacson@bsfllp.com
17 Karen L. Dunn, DC Bar No. 1002520
pro hac vice, kdunn@bsfllp.com
18 Boies, Schiller & Flexner LLP
1401 New York Avenue, N.W.
Phone: 202-237-2727 / Fax: 202-237-6131
20
21 Benjamin C. Elacqua, TX SBN 24055443
pro hac vice, elacqua@fr.com
22 John P. Brinkmann, TX SBN 24068091
pro hac vice, brinkmann@fr.com
24 One Houston Center, 28th Floor
1221 McKinney
25 Houston, TX 77010
Phone: 713-654-5300 / Fax: 713-652-0109
26
Brian P. Boyd, GA SBN 553190
27 pro hac vice, bboyd@fr.com
[Proposed] Order to Dismiss 3 Case No. 3:17-CV-01375-DMS-MDD
PUBLIC VERSION
1 1180 Peachtree St., NE, 21ST Floor

Atlanta, GA 30309
2 Phone: 404-892-5005 / Fax: 404-892-5002
3
Attorneys for Defendant/Counterclaim Plaintiff
4 APPLE INC.
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PUBLIC VERSION
1 DATED: April 15, 2019 Respectfully Submitted,

2
3 By /s/ DRAFT
4
QUINN EMANUEL URQUHART &
5 SULLIVAN, LLP
David A. Nelson (pro hac vice)
6 (Ill. Bar No. 6209623)
davenelson@quinnemanuel.com
7 Nathan A. Hamstra (pro hac vice)
(Ill. Bar No. 6286325)
8 nathanhamstra@quinnemanuel.com
500 West Madison St., Suite 2450
9 Chicago, Illinois 60661
Telephone: (312) 705-7400
10 Facsimile: (312) 705-7401
11 Scott L. Watson (SBN 219147)

scottwatson@quinnemanuel.com
12 Valerie A. Lozano (SBN 260020)
valerielozano@quinnemanuel.com
13 Patrick T. Schmidt (SBN 274777)
patrickschmidt@quinnemanuel.com
14 865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017
15 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
16
Richard W. Erwine (pro hac vice)
17 (N.Y. Bar No. 2753929)
richarderwine@quinnemanuel.com
18 Alexander Rudis (pro hac vice)
(N.Y. Bar No. 4232591)
19 alexanderrudis@quinnemanuel.com
51 Madison Avenue, 22nd Floor
20 New York, NY 10010
Telephone: (212) 849-7000
21 Facsimile: (212) 849-7100
22 Sean S. Pak (SBN 219032)
seanpak@quinnemanuel.com
23 Michelle A. Clark (SBN 243777)
24 michelleclark@quinnemanuel.com
50 California Street, 22nd Floor
25 San Francisco, CA 94111
Telephone: (415) 875-6600
26 Facsimile: (415) 875-6700
27
28
PUBLIC VERSION
1 JONES DAY
Karen P. Hewitt (SBN 145309)
2 kphewitt@jonesday.com
Randall E. Kay (SBN 149369)
3 rekay@jonesday.com
John D. Kinton (SBN 203250)
4 jkinton@jonesday.com
Kelly V. O’Donnell (SBN 257266)
5 kodonnell@jonesday.com
Telephone: (858) 314-1200
7 Facsimile: (858) 345-3178
8 Attorneys for Plaintiff and
Counterclaim Defendants
9 QUALCOMM INCORPORATED and
QUALCOMM TECHNOLOGIES, INC.
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PUBLIC VERSION
7
8 Dated: April 15, 2019
s/ DRAFT
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PUBLIC VERSION
1 Juanita R. Brooks (SBN 75934)/brooks@fr.com

Seth M. Sproul (SBN 217711)/sproul@fr.com
2 Frank Albert (SBN 247741)/albert@fr.com
Joanna M. Fuller (SBN 266406)/jfuller@fr.com
Phone: (858) 678-5070/ Fax: (858) 678-5099
(Ill. Bar No. 6209623)
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
11
14 Case No. 3:17-cv-01375-DMS-MDD
QUALCOMM INC.,
15
Plaintiff,
16
v. [PROPOSED] ORDER TO DISMISS
17
18 APPLE INC.,
19 Defendant.
20
AND RELATED COUNTERCLAIMS. Judge: Hon. Dana M. Sabraw
21
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03536-00034/10730430.1
PUBLIC VERSION
6
7 IT IS SO ORDERED.
8
Dated: April 15, 2019_
9
Hon. Dana M. Sabraw
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PUBLIC VERSION

PUBLIC VERSION
David A. Nelson (pro hac vice) Juanita R. Brooks, SBN 75934,

1 (Ill. Bar No. 6209623) brooks@fr.com
davenelson@quinnemanuel.com Jason W. Wolff, SBN 215819,
2 QUINN EMANUEL URQUHART & wolff@fr.com
SULLIVAN, LLP Fish & Richardson P.C.
3 191 N. Wacker Drive, Suite 2700, 12390 El Camino Real
Chicago, Illinois 60606 San Diego, CA 92130
4 Telephone: (312) 705-7400 Phone: 858-678-5070 / Fax: 858-678-
Facsimile: (312) 705-7401 5099
5
Karen P. Hewitt (SBN 145309) Ruffin B. Cordell, DC Bar No. 445801,
6 kphewitt@jonesday.com admitted pro hac vice, cordell@fr.com
Randall E. Kay (SBN 149369) Lauren A. Degnan, DC Bar No.
7 rekay@jonesday.com 452421, admitted pro hac vice,
Kelly V. O'Donnell (SBN 257266) degnan@fr.com
8 kodonnell@jonesday.com Indranil Mukerji, DC Bar No. 974398,
JONES DAY admitted pro hac vice, mukerji@fr.com
9 4655 Executive Drive, Suite 1500 Fish & Richardson P.C.
San Diego, California 92121 1000 Maine Avenue, S.W.
10 Telephone: (858) 314-1200 Suite 1000
Facsimile: (844) 345-3178 Washington, D.C. 20024
11 Phone: 202-783-5070 / Fax: 202-783-
2331
12
Attorneys for Plaintiff Qualcomm Attorneys for Defendant Apple Inc.
13 Incorporated
14 [Additional counsel identified on [Additional counsel identified on
signature page] signature page]
15
18 QUALCOMM INC., Case No. 3:17-cv-02398-DMS-MDD
19
Plaintiff,
20
DISMISS
22 APPLE INC.,
23 Defendant.
24 AND RELATED COUNTERCLAIMS. Judge: Hon. Dana M. Sabraw
25
26
27
03536-00034/10730430.1
28 Joint Stipulation and [Proposed] Case No. 3:17-CV-02398-DMS-MDD
Order to Dismiss
PUBLIC VERSION

7
8
9
10
12
By: s/ DRAFT
13 Juanita R. Brooks, SBN 75934
14 brooks@fr.com
Jason W. Wolff, SBN 215819
15 wolff@fr.com
Seth M. Sproul, SBN 217711,
16 sproul@fr.com
Michael A. Amon, SBN 226221,
17 amon@fr.com
Phone: 858-678-5070 / Fax: 858-678-5099
20
21 Betty H. Chen, SBN 290588
bchen@fr.com
500 Arguello Street, Suite 500
23 Redwood City, CA 94063
Phone: 650-893-5070/ Fax: 650-893-5071
24
Admitted pro hac vice, cordell@fr.com
Admitted pro hac vice, degnan@fr.com
27 Indranil Mukerji, DC Bar No. 974398
28 Admitted pro hac vice, mukerji@fr.com
Joint Stipulation and [Proposed] 2 Case No. 3:17-CV-02398-DMS-MDD
Order to Dismiss
03536-00034/10730430.1
PUBLIC VERSION
1 Brian Livedalen, DC Bar No. 1002699

Admitted pro hac vice, livedalen@fr.com
3 1000 Main Avenue, S.W.
4 Phone: 202-783-5070 / Fax: 202-783-2331
5 Benjamin C. Elacqua, TX Bar No. 24055443
Admitted pro hac vice, elacqua@fr.com
7 1221 McKinney Street, Suite 2800
Houston, TX 77010
8 Phone: 713-654-5300 / Fax: 713-652-0109
9 Whitney Reichel, MA Bar No. 663599
10 Admitted pro hac vice, wreichel@fr.com
11 One Marina Park Drive
Boston, MA 02210
12 Phone: 617-542-5070 / Fax: 617-542-8906
13 Jacqueline Tio, GA Bar No. 940367
14 Admitted pro hac vice, tio@fr.com
15 1180 Peachtree Street N.E., 21st floor
Atlanta, GA 30309
16 Phone: 404-892-5005/ Fax: 404-892-5002
17
Mark D. Selwyn, SBN 244180,
18 mark.selwyn@wilmerhale.com
19 950 Page Mill Road
Palo Alto, CA 94304
20 Phone: 650-858-6000 / Fax: 650-858-6100
21
William F. Lee, MA Bar No. 291960
22 appearing pro hac vice,
william.lee@wilmerhale.com
23 Joseph J. Mueller, MA Bar No. 647567
24 appearing pro hac vice,
joseph.mueller@wilmerhale.com
25 Wilmer Cutler Pickering Hale and Dorr LLP
60 State Street
26 Boston, MA 02109
Phone: 617-526-6000 / Fax: 617-526-5000
27
28 Joint Stipulation and [Proposed] 3 Case No. 3:17-CV-02398-DMS-MDD
Order to Dismiss
PUBLIC VERSION
1 Nina S. Tallon, DC Bar No. 479481

appearing pro hac vice,
2 nina.tallon@wilmerhale.com
3 Gregory H. Lantier, DC bar No. 492043
appearing pro hac vice
4 gregory.lantier@wilmerhale.com
5 1875 Pennsylvania Avenue NW
6 Phone: 202-663-6000 / Fax: 202-663-6363
7
Attorneys for Defendant Apple Inc.
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Order to Dismiss
PUBLIC VERSION

2
3 By /s/ DRAFT
4
5 SULLIVAN, LLP
6 (Ill. Bar No. 6209623)
8 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
9
Scott L. Watson (SBN 219147)
10 scottwatson@quinnemanuel.com
Yury Kapgan (SBN 218366)
11 yurykapgan@quinnemanuel.com
Zachariah Summers (SBN 255384)
12 zachsummers@quinnemanuel.com865
South Figueroa Street, 10th Floor
13 Los Angeles, CA 90017
Telephone: (213) 443-3000
14 Facsimile: (213) 443-3100
15 Sean S. Pak (SBN 219032)
seanpak@quinnemanuel.com
16 Michael D. Powell (SBN 202850)
mikepowell@quinnemanuel.com
17 Michelle Ann Clark (SBN 243777)
michelleclark@quinnemanuel.com
18 Andrew M. Holmes (SBN 260475)
drewholmes@quinnemanuel.com50
San Francisco, CA 94111
20 Telephone: (415) 875-6600
Facsimile: (415) 875-6700
21
22
23
24
25
26
27
Order to Dismiss
PUBLIC VERSION
1 JONES DAY
4 jkinton@jonesday.com
Kelly V. O’Donnell (SBN 257266)
5 kodonnell@jonesday.com
Telephone: (858) 314-1200
7 Facsimile: (858) 345-3178
8 Attorneys for Plaintiff and
Counterclaim Defendants
9 QUALCOMM INCORPORATED and
QUALCOMM TECHNOLOGIES, INC.
10
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27
Order to Dismiss
PUBLIC VERSION
7
s/ DRAFT
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Order to Dismiss
PUBLIC VERSION
David A. Nelson (pro hac vice) Juanita R. Brooks, SBN 75934,

1 (Ill. Bar No. 6209623) brooks@fr.com
davenelson@quinnemanuel.com Jason W. Wolff, SBN 215819,
2 QUINN EMANUEL URQUHART & wolff@fr.com
SULLIVAN, LLP Fish & Richardson P.C.
3 191 N. Wacker Drive, Suite 2700, 12390 El Camino Real
Chicago, Illinois 60606 San Diego, CA 92130
4 Telephone: (312) 705-7400 Phone: 858-678-5070 / Fax: 858-678-
Facsimile: (312) 705-7401 5099
5
Karen P. Hewitt (SBN 145309) Ruffin B. Cordell, DC Bar No. 445801,
6 kphewitt@jonesday.com admitted pro hac vice, cordell@fr.com
Randall E. Kay (SBN 149369) Lauren A. Degnan, DC Bar No.
7 rekay@jonesday.com 452421, admitted pro hac vice,
Kelly V. O'Donnell (SBN 257266) degnan@fr.com
8 kodonnell@jonesday.com Indranil Mukerji, DC Bar No. 974398,
JONES DAY admitted pro hac vice, mukerji@fr.com
9 4655 Executive Drive, Suite 1500 Fish & Richardson P.C.
San Diego, California 92121 1000 Maine Avenue, S.W.
10 Telephone: (858) 314-1200 Suite 1000
Facsimile: (844) 345-3178 Washington, D.C. 20024
11 Phone: 202-783-5070 / Fax: 202-783-
2331
12
Attorneys for Plaintiff Qualcomm Attorneys for Defendant Apple Inc.
13 Incorporated
14
17 QUALCOMM INC., Case No. 3:17-cv-02398-DMS-MDD
18 Plaintiff,
19 v. [PROPOSED] ORDER TO DISMISS
20
21 APPLE INC.,
22 Defendant.
23 AND RELATED COUNTERCLAIMS. Judge: Hon. Dana M. Sabraw

24
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28
03536-00034/10730430.1
PUBLIC VERSION
6
7 IT IS SO ORDERED.
8
9
Hon. Dana M. Sabraw
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PUBLIC VERSION

PUBLIC VERSION

Jason W. Wolff, SBN 215819, wolff@fr.com
Michael A. Amon, SBN 226221, amon@fr.com
Phone: (858) 678-5070 / Fax: (858) 678-5099
(Ill. Bar No. 6209623)
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
11
13
14
QUALCOMM INC., Case No. 3:17-CV-02402-CAB-MDD
15
Plaintiff,
16
DISMISS
18 APPLE INC.,
19 Defendant.
20
AND RELATED COUNTERCLAIMS. Judge: Hon. Cathy A. Bencivengo
21
22
23
24
25
26
27
03536-00034/10730430.1
28 Joint Stipulation and [Proposed] Case No. 3:17-CV-02402-CAB-MDD
Order to Dismiss
PUBLIC VERSION

7
8
9
10
12
By: s/ DRAFT
14 Jason W. Wolff, SBN 215819, wolff@fr.com
15 Michael A. Amon, SBN 226221, amon@fr.com
San Diego, CA 92130
17 Phone: 858-678-5070 / Fax: 858-678-5099
18
Betty Chen, SBN 290588, bchen@fr.com
21 Phone: 650-839-5070 / Fax: 650-839-5071

pro hac vice, cordell@fr.com
pro hac vice, degnan@fr.com
25 1000 Maine Ave, SW
26 Phone: 202-783-5070 / Fax: 202-783-2331
27 Benjamin C. Elacqua, TX SBN 24055443
28 pro hac vice, elacqua@fr.com
Joint Stipulation and [Proposed] 2 Case No. 3:17-CV-02402-CAB-MDD
Order to Dismiss
03536-00034/10730430.1
PUBLIC VERSION

pro hac vice, brinkman@fr.com
3 One Houston Center, 28th Floor
1221 McKinney
4 Houston, TX 77010
Phone: 713-654-5300 / Fax: 713-652-0109
5
Noah C. Graubart, GA Bar No. 141862
6 pro hac vice, graubart@fr.com
7 Erin P. Alper, GA Bar No. 940408
pro hac vice, alper@fr.com
pro hac vice, tio@fr.com
Atlanta, GA 30309
11 Phone: 404-892-5005 / Fax: 404-892-5002
12 William F. Lee, MA Bar No.
pro hac vice, william.lee@wilmerhale.com
13 WILMER CUTLER PICKERING HALE
14 AND DORR LLP
60 State St.
15 Boston, MA 02109
Phone: 617-526-6000 / Fax: 617-526-5000
16
17 Attorneys for Defendant/Counterclaim Plaintiff
APPLE INC.
18
19
20
21
22
23
24
25
26
27
28 Joint Stipulation and [Proposed] 3 Case No. 3:17-CV-02402-CAB-MDD
Order to Dismiss
PUBLIC VERSION

2
3 By /s/ DRAFT
4
5 SULLIVAN, LLP
6 (Ill. Bar No. 6209623)
8 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
9
Sean S. Pak (SBN 219032)
10 seanpak@quinnemanuel.com
Michael D. Powell (SBN 202850)
11 mikepowell@quinnemanuel.com
Michelle Ann Clark (SBN 243777)
Andrew M. Holmes (SBN 260475)
13 drewholmes@quinnemanuel.com
14 San Francisco, California 94111
Telephone: (415) 875-6600
15 Facsimile: (415) 857-6700
16 Patrick Curran (SBN 241630)
patrickcurran@quinnemanuel.com
17 51 Madison Avenue, 22nd Floor
New York, NY 10010
18 Telephone: (212) 849-7000
Facsimile: (212) 849-7100
19
Scott Watson (SBN 219147)
Michael Louis Fazio (SBN 228601)
22 michaelfazio@quinnemanuel.com
Joseph Sarles (SBN 254750)
23 josephsarles@quinnemanuel.com
Los Angeles, California 90017
26 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
27
Order to Dismiss
PUBLIC VERSION
1 JONES DAY
4 jkinton@jonesday.com4655 Executive
Drive, Suite 1500
Telephone: (858) 314-1200
6 Facsimile: (858) 345-3178
7 NORTON ROSE FULBRIGHT US LLP
Richard S. Zembek (Pro Hac Vice)
8 richard.zembek@nortonrosefulbright.com
Eric B. Hall (Pro Hac Vice)
9 eric.hall@nortonrosefulbright.com
Daniel S. Leventhal (Pro Hac Vice)
10 daniel.leventhal @nortonrosefulbright.com
Talbot R. Hansum (pro hac vice
11 forthcoming)
(Tex. Bar No. 24084586)
12 talbot.hansum@nortonrosefulbright.com
Telephone: (713) 651-5283
14
Attorneys for Plaintiff and
15 Counterclaim Defendant
QUALCOMM INCORPORATED
16
17
18
19
20
21
22
23
24
25
26
27
Order to Dismiss
PUBLIC VERSION
7
s/ DRAFT
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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27
Order to Dismiss
PUBLIC VERSION

Phone: (858) 678-5070 / Fax: (858) 678-5099
(Ill. Bar No. 6209623)
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
11
14 Case No. 3:17-CV-02402-CAB-MDD
QUALCOMM INC.,
15
Plaintiff,
16
17
18 APPLE INC.,
19 Defendant.
20
21
22
23
24
25
26
27
28
[Proposed] Order to Dismiss 1 Case No. 3:17-CV-02402-CAB-MDD
03536-00034/10730430.1
PUBLIC VERSION
6
7 IT IS SO ORDERED.
8
9
Hon. Cathy A. Bencivengo
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PUBLIC VERSION

PUBLIC VERSION

Phone: (858) 678-5070 / Fax: (858) 678-5099
(Ill. Bar No. 6209623)
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
11
13
14
QUALCOMM INC., Case No. 3:17-CV-2403-CAB-MDD
15
Plaintiff,
16
DISMISS
18 APPLE INC.,
19 Defendant.
20
21
22
23
24
25
26
27
03536-00034/10730430.1
28 Joint Stipulation and [Proposed] Case No. 3:17-CV-02403-CAB-MDD
Order to Dismiss
PUBLIC VERSION

7
8
9
10
12
By: s/ DRAFT
14 Jason W. Wolff, SBN 215819, wolff@fr.com
15 Michael A. Amon, SBN 226221, amon@fr.com
San Diego, CA 92130
17 Phone: 858-678-5070 / Fax: 858-678-5099
18
Ruffin B. Cordell, DC Bar No. 445801
19 Admitted pro hac vice, cordell@fr.com
Lauren A. Degnan, DC Bar No. 452421
20 Admitted pro hac vice, degnan@fr.com
1000 Maine Ave, SW
22 Washington, D.C. 20024
Phone: 202-783-5070 / Fax: 202-783-2331
23
Benjamin C. Elacqua, TX SBN 24055443
24 Admitted pro hac vice, elacqua@fr.com
Admitted pro hac vice, brinkman@fr.com
26 Bailey K. Benedict, TX SBN 24083139
Admitted pro hac vice, benedict@fr.com
27 Jackob Ben-Ezra, TX SBN 24073907
28 Admitted pro hac vice, ben-ezra@fr.com
Joint Stipulation and [Proposed] 2 Case No. 3:17-CV-02402-CAB-MDD
Order to Dismiss
03536-00034/10730430.1
PUBLIC VERSION

One Houston Center, 28th Floor
2 1221 McKinney
3 Houston, TX 77010
Phone: 713-654-5300 / Fax: 713-652-0109
4
Thad C. Kodish, GA Bar No. 427603
5 Admitted pro hac vice, kodish@fr.com
Erin Alper, GA Bar No. 940408
6 Admitted pro hac vice, alper@fr.com
Admitted pro hac vice, tio@fr.com
8 Sara Fish, GA SBN 873853
Admitted pro hac vice, sfish@fr.com
9 Lawrence Jarvis, GA SBN 102116
10 Admitted pro hac vice, jarvis@fr.com
Atlanta, GA 30309
12 Phone: 404-892-5005 / Fax: 404-892-5002
13 Betty H. Chen, SBN 290588, bchen@fr.com
Phone: 650-893-5070/ Fax: 650-893-507
16
17 Attorneys for Defendant/Counterclaim Plaintiff
APPLE INC.
18
19
20
21
22
23
24
25
26
27
Order to Dismiss
PUBLIC VERSION

2
3 By /s/ DRAFT
4
5 SULLIVAN, LLP
6 (Ill. Bar No. 6209623)
8 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
9
Sean S. Pak (SBN 219032)
10 seanpak@quinnemanuel.com
Michael D. Powell (SBN 202850)
11 mikepowell@quinnemanuel.com
Michelle Ann Clark (SBN 243777)
Andrew M. Holmes (SBN 260475)
13 drewholmes@quinnemanuel.com
14 San Francisco, California 94111
Telephone: (415) 875-6600
15 Facsimile: (415) 857-6700
16 Patrick Curran (SBN 241630)
patrickcurran@quinnemanuel.com
17 51 Madison Avenue, 22nd Floor
New York, NY 10010
18 Telephone: (212) 849-7000
Facsimile: (212) 849-7100
19
Scott Watson (SBN 219147)
Michael Louis Fazio (SBN 228601)
22 michaelfazio@quinnemanuel.com
Joseph Sarles (SBN 254750)
23 josephsarles@quinnemanuel.com
Los Angeles, California 90017
26 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
27
Order to Dismiss
PUBLIC VERSION
1 JONES DAY
4 jkinton@jonesday.com4655 Executive
Drive, Suite 1500
Telephone: (858) 314-1200
6 Facsimile: (858) 345-3178
7 NORTON ROSE FULBRIGHT US LLP
Richard S. Zembek (Pro Hac Vice)
8 richard.zembek@nortonrosefulbright.com
Eric B. Hall (Pro Hac Vice)
9 eric.hall@nortonrosefulbright.com
Daniel S. Leventhal (Pro Hac Vice)
10 daniel.leventhal @nortonrosefulbright.com
Talbot R. Hansum (pro hac vice
11 forthcoming)
(Tex. Bar No. 24084586)
12 talbot.hansum@nortonrosefulbright.com
Telephone: (713) 651-5283
14
Attorneys for Plaintiff and
15 Counterclaim Defendantss
QUALCOMM INCORPORATED
16
17
18
19
20
21
22
23
24
25
26
27
Order to Dismiss
PUBLIC VERSION
7
s/ DRAFT
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Order to Dismiss
PUBLIC VERSION

Phone: (858) 678-5070 / Fax: (858) 678-5099
(Ill. Bar No. 6209623)
9 Telephone: (312) 705-7400
Facsimile: (312) 705-7401
11
14 Case No. 3:17-CV-2403-CAB-MDD
QUALCOMM INC.,
15
Plaintiff,
16
17
18 APPLE INC.,
19 Defendant.
20
21
22
23
24
25
26
27
28
03536-00034/10730430.1
PUBLIC VERSION
6
7 IT IS SO ORDERED.
8
9
Hon. Cathy A. Bencivengo
11
12
13
14
15
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18
19
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PUBLIC VERSION
Form of USITC Joint Motion to Terminate:

PUBLIC VERSION
CONTAINS CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER
UNITED STATES INTERNATIONAL TRADE COMMISSION

Washington, DC
In the Matter of
CERTAIN MOBILE ELECTRONIC

Investigation No. 337-TA-1093
DEVICES AND RADIO FREQUENCY
AND PROCESSING COMPONENTS
THEREOF (II)
JOINT MOTION TO TERMINATE THE INVESTIGATION PURSUANT TO

SETTLEMENT AGREEMENT
Pursuant to 19 C.F.R. § 210.21(b), Complainant Qualcomm Inc. (“Qualcomm”) and
Respondent Apple, Inc. (“Apple”) hereby move to terminate this Investigation based on the
attached [title of agreement]. See Confidential Exhibit 1. The Office of Unfair Import
Investigations does not oppose the instant motion.
An investigation may be terminated as to one or more respondents based on a licensing or
other settlement agreement. 19 C.F.R. §210.21(b). Pursuant to the [title of agreement],
Qualcomm and Apple have agreed ____. Apart from this agreement, there are no agreements,
written or oral, express or implied between the Parties concerning the subject matter of the
Investigation.
Allowing this motion to terminate based on the settlement of the Parties will not impose
an undue burden on the public health and welfare, competitive conditions in the United States
economy, production of like or directly competitive articles in the United States, or U.S.
consumers. See 19 C.F.R. § 210.50(b)(2). Indeed, it is in the interest of the public and
administrative economy to grant this motion. Commission policy and the public interest
generally favor termination by settlement, which preserves resources for both the Commission
and the private Parties, and termination based on a settlement is routinely granted. See, e.g.,
99998-77775/10777478.1 1
PUBLIC VERSION
Certain Mobile and Portable Electronic Devices Incorporating Haptics (Including Smartphones
and Laptops) and Components Thereof, Inv. Nos. 337-TA-1004, 337-TA-990, Order No. 75 at 2
(Feb. 16, 2018) (granting motion to terminate based on settlement when termination would “not
impose any undue burdens on the public health and welfare, competitive conditions in the United
States economy, production of like or directly competitive articles in the United States, or United
States consumers”); see also Certain Electronic Devices, Including Mobile Phones, Tablet
Computers, and Components Thereof, Inv. No. 337-TA-1038, Order No. 26 (Aug. 8, 2017);
Certain Hemostatic Products and Components Thereof, Inv. No. 337-TA-913, Order No. 51
(Apr. 2, 2015). As such, the Commission should grant the instant motion to terminate the
Investigation.
The [title of the agreement] contains confidential business information within the
meaning of 19 C.F.R. § 210.5. Accordingly, Qualcomm and Apple request that the un-redacted
version of the [title of the agreement] be treated as Confidential Business Information under the
Protective Order in this Investigation (Order No. 1) and not publicly disclosed. A version of the
[title of the agreement] redacting the confidential terms, which will be filed publicly, is attached
hereto as Exhibit 2.
The treatment requested by Qualcomm and Apple is appropriate and consistent with
Commission precedent generally, which supports withholding settlement terms, and is further
consistent with the public interest, which favors settlement. See Certain Machine Vision
Software, Machine Vision Systems, and Products Containing the Same, Inv. No. 337-TA-680,
Order No. 17 (Initial Determination) (Oct. 26, 2009); Certain Semiconductor Chips and
Products Containing the Same, Inv. No 337-TA-753, Order No. 26 (June 20, 2011); Certain
Dynamic Random Access Memory Semiconductors and Products Containing Same, Including
99998-77775/10777478.1 2
PUBLIC VERSION
Memory Modules, Inv. 337-TA-707, Order No. 10 (June 29, 2010); Certain Automotive
Multimedia Display and Navigation Systems, Inv. No. 337-TA-657, Order No. 27, (June 23,
2009); Certain Wireless Headsets, Inv. No. 337-TA-943, Order No. 10 at 3 (May 19, 2015)
(“termination of [respondent] is in the public interest, as public and private resources will be
conserved”); Certain Windshield Wipers & Components Thereof, Inv. No. 337-TA-928/937,
Order No. 24 at 3 (Jun. 5, 2015); Certain Set-Top Boxes, Gateways, Bridges, & Adapters &
Components Thereof, Inv. No. 337-TA-915, Order No. 17 at 4 (Oct. 7, 2014); Certain Cases for
Portable Elec. Devices, Inv. No. 337-TA-861/867, Order No. 10 at 2-3 (Apr. 30, 2013).
For the foregoing reasons, Qualcomm and Apple respectfully request that that the
Commission grant the motion to terminate the Investigation.
99998-77775/10777478.1 3
PUBLIC VERSION
/s/ S. Alex Lasher /s/ Ruffin B. Cordell

_______________________________ _______________________________
S. Alex Lasher Ruffin B. Cordell
QUINN EMANUEL URQUHART & SULLIVAN, LLP Lauren A. Degnan
1300 I Street, NW, Suite 900 Indranil Mukerji
Washington, DC 20005 FISH & RICHARDSON P.C.
Tel.: (202) 538-8000 1000 Maine Ave. SW
Fax: (202) 538-8100 Suite 1000
David A. Nelson Tel.: (202) 783-5070
Stephen Swedlow Fax: (202) 783-2331
191 N. Wacker, Suite 2700 Benjamin C. Elacqua
Chicago, Illinois 60606 FISH & RICHARDSON P.C.
Tel.: (312) 705-7400 1221 McKinney Street, Suite 2800
Fax: (312) 705-7401 Houston, Texas 77010
Tel.: (713) 654-5300
Steven Cherny Fax: (713) 652-0109
Richard W. Erwine
Alexander Rudis Whitney Reichel
Patrick Curran FISH & RICHARDSON P.C.
QUINN EMANUEL URQUHART & SULLIVAN, LLP One Marina Park Drive
51 Madison Avenue, 22nd Floor Boston, MA 02110
New York, NY 10010 Tel: (617) 542-5070
Tel.: (212) 849-7000 Fax: (617) 542-8906
Fax: (212) 849-7100
Betty H. Chen
Sean S. Pak FISH & RICHARDSON P.C.
QUINN EMANUEL URQUHART & SULLIVAN, LLP 500 Arguello Street, Suite 500
50 California Street, 22nd Floor Redwood City, California 94063
San Francisco, CA 94111 Tel.: (650) 839-5070
Tel.: (415) 875-6600 Fas: (650) 839-5071
Fax: (415) 875-6700
William F. Lee
Tom M. Schaumberg Joseph J. Mueller
Deanna Tanner Okun WILMER CUTLER PICKERING HALE
ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P. AND DORR LLP
1133 Connecticut Avenue, N.W., 12th Floor 60 State Street
Washington, DC 20036 Boston, MA 02109
Tel.: (202) 467-6300 Tel.: (617) 526-6000
Fax: (202) 466-2006 Fax: (617) 526-5000
Evan R. Chesler Nina S. Tallon

Keith R. Hummel WILMER CUTLER PICKERING HALE
Richard J. Stark AND DORR LLP
Gary A. Bornstein 1875 Pennsylvania Avenue NW
99998-77775/10777478.1 4
PUBLIC VERSION
J. Wesley Earnhardt Washington, DC 20006

Yonatan Even Tel.: (202) 663-6000
Vanessa A. Lavely Fax: (202) 663-6363
CRAVATH, SWAINE & MOORE LLP
Worldwide Plaza, 825 Eighth Avenue Counsel for Respondent Apple Inc.
New York, NY 10019
Tel.: (212) 474-1000
Fax: (212) 474-3700
Richard S. Zembek
Eric B. Hall
Daniel S. Leventhal
Talbot R. Hansum
NORTON ROSE FULBRIGHT US LLP
Fulbright Tower
Houston, TX 77010
Tel.: (713) 651-5151
Counsel for Complainant Qualcomm Incorporated
99998-77775/10777478.1 5
PUBLIC VERSION
CONTAINS HIGHLY CONFIDENTIAL INFORMATION OF APPLE AND

QUALCOMM; ONLY TO BE PROVIDED UNDER NDA
Schedule 2
Form of Summary
SUMMARY OF CERTAIN TERMS OF THE SETTLEMENT AND RELEASE AGREEMENT BETWEEN

QUALCOMM INCORPORATED AND APPLE INC.
The following is a summary of certain terms of the Settlement and Release Agreement (the
“Agreement”) entered into between Qualcomm Incorporated (together with its affiliates, “Qualcomm”)
and Apple Inc. (together with its affiliates, “Apple”) effective as of April 16, 2019 (“Effective Date”).
This summary is provided to [______________] subject to the confidentiality provisions of
[_________________].
DEFINED TERMS
Apple and Qualcomm (a) any litigation, suits or other official proceedings by
Actions Apple/Qualcomm against the other Party in a court, governmental
tribunal or administrative agency, whether by complaint, counterclaim,
intervention or otherwise on or prior to the Effective Date; (b) any
formal written complaints (or any written requests for an official
investigation or other official proceeding) relating to the other Party’s
business filed by Apple/Qualcomm with a regulatory, administrative or
other governmental body on or prior to the Effective Date; (c) any inter
partes review, covered business method review, or re-examination, or
analogous action filed or requested by Apple/Qualcomm on or prior to
the Effective Date against the other Party’s Covered Patents and that in
each case has not been instituted in the United States prior to ten (10)
Business Days after the Effective Date; and (d) any claim against or
accusing the other Party’s Covered Product (or the direct or indirect
fabrication, manufacturing, remanufacturing, assembly, testing,
packaging, repair or servicing with respect thereto) filed or otherwise
brought by Apple/Qualcomm against any Third Party in a litigation, suit
or other official proceeding in a court, governmental tribunal or
administrative agency on or prior to the Effective Date.
Covered Products
PUBLIC VERSION
DISMISSALS
Apple/Qualcomm Apple/Qualcomm will agree to take sufficient steps to procure the

Dismissals dismissal, withdrawal, discontinuance or termination of, and will agree
to refrain from participation in the Apple/Qualcomm Actions to the
fullest extent permissible by applicable law.
RELEASES
Apple/Qualcomm
Release
COVENANTS
Released Claim Each party covenants not to bring any released claim against the other
Covenant party.
Future Litigation
Covenants
No Disgorgement or
Other Monetary
Recovery
PUBLIC VERSION
Allowed Actions Notwithstanding the preceding covenants, the parties are permitted to
take certain actions, including responding to lawful requests for
information from government authorities and engaging in advocacy on
FRAND and SEP licensing generally.
PAYMENT
Payment Apple agrees to pay Qualcomm a one-time payment.

PUBLIC VERSION
SCHEDULE 3-A
Apple Actions 1
Jurisdiction Parties Case number
District Court Matters
United States District

Court Southern Apple Inc. v. Qualcomm, Inc. No. 3:17-cv-108
District of California
Regulatory Matters
Seoul High Court Qualcomm, Inc. et al v. KFTC and Intervenors for KFTC
2017 Nu 48
(Seoul, Korea) (Apple, Intel, LG, MediaTek)
Qualcomm Incorporated v. European Commission

General Court of the
(Apple application for leave to intervene in support of Case T-235/18
European Union
the European Commission dated 16 July 2018)
European Complaint by Apple Inc. to the European Commission

AT.40.220 Qualcomm
Commission dated 26 July 2018
Challenges to Existing Patents
United States Patent

Apple Inc. v. Qualcomm, Inc. IPR2018-01249
and Trademark Office




1 Case references apply to Apple and/or Apple Affiliate claims only.

PUBLIC VERSION














2
PUBLIC VERSION







European Patent Apple Distribution International ULC & Intel Corp. v. 12738270.3 –
Office Qualcomm Inc. 1022/2724461
European Patent Apple Distribution International ULC & Intel Corp. v. 16157697.0 –
Office Qualcomm Inc. 1221/3094067
European Patent 16157698.8 –

Apple Inc. & Intel Corp. v. Qualcomm Inc.
Office 1221/3054658
European Patent 06112695.9 -

Apple Inc. v. Qualcomm Inc.
Office 1204/1988602
European Patent 14704496.0 –

Apple Inc. & Intel Corp. v. Qualcomm Inc.
Office 1219/2954737
German Federal Apple Distribution International ULC & Intel

4 Ni 21/19
Patent Court Deutschland GmbH v. Qualcomm Inc.

5 Ni 12/18
3
PUBLIC VERSION
German Federal
Apple Distribution International ULC v. Qualcomm Inc. 4 Ni 3/19
Patent Court
German Federal
Patent Court
German Federal
Patent Court

4 Ni 23/19

6 Ni 20/18

6 Ni 21/18
China Patent ZL200580031592.2

Apple Inc. v. Qualcomm, Inc.
Reexamination Board Docket No.4W107499


China Patent Apple Computer Trading (Shanghai) Co., Ltd. v. ZL200480041803.6

Reexamination Board Qualcomm, Inc. Docket No. 4W107568

Reexamination Board Qualcomm, Inc. Docket No.4W107573


4
PUBLIC VERSION


ZL201310491586.1
First round Docket No.
China Patent Apple Computer Trading (Shanghai) Co., Ltd. v.
4W106649
Reexamination Board Qualcomm, Inc.
Second round Docket No.
4W108443
ZL200480042119.X
4W106648
4W108312
ZL201180076332.2
4W107002
4W107724
China Patent Apple Computer Trading (Shanghai) Co., Ltd. v. ZL201210390832.X


ZL201110165713.X
First round Docket
No.4W106677
4W107928
5
PUBLIC VERSION

ZL200980118986.X
4W106678
4W107288


ZL01817947.9
First round Docket
No.4W106925
4W108512





6
PUBLIC VERSION


Reexamination Board Docket No. 4W107260


2018 BIPC Xing Chu

Beijing Intellectual Apple Computer Trading (Shanghai) Co., Ltd. v. PRB
#12420
Property Court Third Party: Qualcomm, Inc.
ZL201480013124.1
2018 BIPC Xing Chu

#12157
ZL201110165713.X
2018 BIPC Xing Chu

#12230
ZL200980118986.X
2018 BIPC Xing Chu

#12422
ZL200780042026.0
2019 BIPC Xing Chu

#3682
ZL01817947.9
2018 BIPC Xing Chu

#10507
ZL200480042119.X
7
PUBLIC VERSION
2018 BIPC Xing Chu

#10506
ZL201310491586.1
2018 BIPC Xing Chu

#12231
ZL201310334568.2
2018 BIPC Xing Chu

#12159
ZL200680016688.6
Beijing Intellectual Apple Computer Trading (Shanghai) Co., Ltd. v. PRB 2019 BIPC Xing Chu #302
Property Court Third Party: Qualcomm, Inc. ZL201210390832.X
Beijing Intellectual Apple Computer Trading (Shanghai) Co., Ltd. v. PRB 2019 BIPC Xing Chu #303
Property Court Third Party: Qualcomm, Inc. ZL201180076332.2
Case filed on 2019-03-28,

Beijing Intellectual Apple Inc. v. PRB
Docket no. not assigned
ZL200580031592.2
China Matters
Apple Incorporated v. Qualcomm Incorporated,

Qualcomm Technologies, Incorporated, Qualcomm
Beijing Intellectual Wireless Communications Technologies (China) Co.,
2017 BIPC Min Chu #1957
Property Court Ltd., Qualcomm Enterprise Management (Shanghai)
Co., Ltd., Beijing Jinchangtai Electronic Technology
Co., Ltd.

Beijing Intellectual Wireless Communications Technologies (China) Co., 2017 BIPC Min Chu
Property Court Ltd., Qualcomm Enterprise Management (Shanghai) #1958
Co., Ltd.
8
PUBLIC VERSION

Beijing Intellectual Wireless Communications Technologies (China) Co., 2017 BIPC Min Chu
Property Court Ltd., Qualcomm Enterprise Management (Shanghai) #1959
Co., Ltd.
Apple Incorporated, Apple Electronic Products

Beijing Intellectual
Commerce (Beijing) Co., Ltd. v. Qualcomm 2017 BIPC Min Chu #126
Property Court
Incorporated

Property Court
Incorporated

Property Court
Incorporated

Commerce (Beijing) Co., Ltd. v. Qualcomm
Beijing Intellectual Incorporated, Qualcomm Technologies, Inc.,
Property Court Qualcomm Wireless Communications Technologies
(China) Co., Ltd., Qualcomm Wireless Semiconductor
Technologies Co., Ltd.

Commerce (Beijing) Co., Ltd. v. Qualcomm
Beijing Intellectual Incorporated, Qualcomm Technologies, Inc.,
Property Court Qualcomm Wireless Communications Technologies
(China) Co., Ltd., Qualcomm Wireless Semiconductor
Technologies Co., Ltd.
Taiwan Matters
First Instance of the Apple Inc. and Apple Asia LLC, Taiwan Branch v. 107 Min-Kung-Su-Tze
Intellectual Property Qualcomm, Inc., Qualcomm Technologies, Inc., No.2
Court Qualcomm Taiwan Corporation, and Qualcomm
CDMA Technologies Asia-Pacific PTE Limited
Japan Matters
9
PUBLIC VERSION
Tokyo District Court 2017 (Wa) No. 5273
Related Appeal: Apple Inc. v. Qualcomm Incorporated et al. 2018 (Ne) No. 10065
(ongoing)
IP High Court
Related Appeal: 2018 (Ne) No. 10065

Apple Japan Godo Kaisha v. Qualcomm Incorporated et
IP High Court
al.
Related Final Appeal: 2019 (NeJu) No. 10008

(ongoing)
Supreme Court

IP High Court
al.

(ongoing)
Supreme Court

IP High Court Apple Inc. v. Qualcomm Incorporated et al.

(ongoing)
Supreme Court
10
PUBLIC VERSION

IP High Court
al.

(ongoing)
Supreme Court

IP High Court Apple Inc. v. Qualcomm Incorporated et al.

(ongoing)
Supreme Court
Netherlands Matters
District Court of The C/09/566078 / KG RK

Apple Inc. v. Qualcomm Incorporated
Hague 19-13
UK Matters
Apple Retail UK Limited, Apple Distribution

International, Apple Operations Europe, Apple Gmbh,
UK High Court of HP–2017–000015,
Apple Retail Germany B.V. & Co. Kg, Apple Inc. v.
Justice, Court of A3/2018/2653,
Qualcomm (UK) Limited, Qualcomm Communications
Appeal (Civil Division) A3/2018/2654
UK Limited, Qualcomm Technologies International
Ltd., Qualcomm Incorporated
11
PUBLIC VERSION
SCHEDULE 3-B
Qualcomm Actions
District Court Matters
Qualcomm Incorporated v. Compal Electronics,

United States District No. 3:17-cv-1010
Incorporated, FIH Mobile Ltd., Hon Hai Precision
Court Southern [Consolidated with No.
Industry Co., Ltd, Pegatron Corporation, and Wistron
District of California 3:17-cv-108
Corporation

Court Southern Qualcomm Incorporated v. Apple Incorporated No. 3:17-cv-1375



Challenges to Existing Patents

Qualcomm Incorporated et al v. Apple Incorporated IPR2019-00270




1
PUBLIC VERSION



Beijing Intellectual Qualcomm Incorporated v. PRB 2019 BIPC 73 Xing Chu

Property Court #3404
ZL200980118088.4

ZL201310491586.1

ZL200880004304.8
Beijing Intellectual Qualcomm Incorporated v. PRB Pending

Property Court
ZL201180076332.2
ITC Matters
Qualcomm Incorporated v. Apple Incorporated, In The

International Trade
Matter Of Certain Mobile Electronic Devices and Radio Inv. No. 337-TA-1065
Commission
Frequency and Processing Components Thereof
Qualcomm Incorporated v. Apple Incorporated, In The

International Trade
Matter Of Certain Mobile Electronic Devices and Radio Inv. No. 337-TA-1093
Commission
Frequency and Processing Components Thereof (II)
State Court Matters
Superior Court of the

State of California, Qualcomm Incorporated, Qualcomm Technologies
No. 37- 2017-00041389
County of San Diego, Incorporated v. Apple Incorporated
North County Division
2
PUBLIC VERSION
Germany Matters
District Court
Qualcomm Incorporated v. Apple Incorporated 2 O 128/17
Mannheim
District Court Qualcomm Incorporated v. Apple Distribution

2 O 127/17
Mannheim International and Apple Retail Germany B.V. & Co. KG
District Court Munich

7 O 10496/17
Related Appeal: Qualcomm Incorporated v. Apple Incorporated
Munich Court of
6 U 4654/18
Appeals

7 O 10495/17
Qualcomm Incorporated v. Apple Distribution

Related Appeal: International and Apple Retail Germany B.V. & Co. KG
Munich Court of
6 U 4653/18
Appeals
District Court
Mannheim

2 O 189/17
District Court
Mannheim 2 O 16/18
Qualcomm Incorporated v. Apple Incorporated

Related Appeal:
Karlsruhe Court of 6 U 21/19
Appeals
District Court
Mannheim 2 O 190/17

Karlsruhe Court of 6 U 20/19

Appeals
District Court Munich Qualcomm Incorporated v. Apple Incorporated 7 O 14458/17
3
PUBLIC VERSION
Related Appeal:
Munich Court of 6 U 3926/18
Appeals

7 O 14453/17

Munich Court of
6 U 3925/18
Appeals

7 O 14459/17
Munich Court of
6 U 1018/19
Appeals

7 O 14454/17

Munich Court of
6 U 1015/19
Appeals

7 O 14461/17
Munich Court of
6 U 1019/19
Appeals

7 O 14456/17

Munich Court of
6 U 1017/19
Appeals

District Court Munich 7 O 14457/17
International and Apple Retail Germany B.V. & Co. KG
4
PUBLIC VERSION


District Court
Mannheim

2 O 109/18
District Court
Mannheim

2 O 107/18
District Court
Mannheim

2 O 108/18
German enforcement proceedings
7 O 10496/17
District Court Munich Qualcomm Incorporated v. Apple Incorporated
ZM-Heft 1a
7 O 10496/17
ZM-Heft 2a
7 O 10496/17
OM-Heft 1a
7 O 10496/17
OM-Heft 2a
District Court Munich Qualcomm Incorporated v. Apple Distribution 7 O 10495/17

International and Apple Retail Germany B.V. & Co. KG ZM-Heft 1b
5
PUBLIC VERSION

International and Apple Retail Germany B.V. & Co. KG ZM-Heft 2b

International and Apple Retail Germany B.V. & Co. KG OM-Heft 1b

International and Apple Retail Germany B.V. & Co. KG OM-Heft 2b
German Unfair Competition proceedings
District Court Munich Qualcomm Incorporated v. Apple Incorporated 1 HK O 257/19
6
PUBLIC VERSION
China Matters
Qualcomm Incorporated v Apple Electronic Products

Commerce (Beijing) Co., Ltd., Apple Trading 2017 FIPC Min Chu #1207
Fuzhou Intermediate
(Shanghai) Co., Ltd., Apple Computer Trading
People's Court (case withdrawn)
(Shanghai) Co., Ltd., Apple Electronic Products
Commerce (Beijing) Co., Ltd. Fuzhou Taihe Branch

Commerce (Beijing) Co., Ltd., Apple Trading
Fuzhou Intermediate 2017 FIPC Min Chu
People's Court #1208

Fuzhou Intermediate 2017 FIPC Min Chu
People's Court #1209

Beijing High People’s Commerce (Beijing) Co., Ltd., Apple Trading
2017 BHPC Min Chu #143
Court (Shanghai) Co., Ltd., Apple Computer Trading
(Shanghai) Co., Ltd.



Jiangsu High People’s
(Shanghai) Co., Ltd., Apple Computer Trading 2018 JHPC Min Chu #3
Court
(Shanghai) Co., Ltd., Apple Trading (Shanghai) Co.,
Ltd. Nanjing Branch

Court
Ltd. Nanjing Branch
7
PUBLIC VERSION

Court
Ltd. Nanjing Branch

Qingdao Intermediate
(Shanghai) Co., Ltd., Apple Computer Trading 2017 QIPC Min Chu #177
People’s Court
Commerce (Beijing) Co., Ltd. Qingdao Branch

Commerce (Beijing) Co., Ltd., Apple Trading 2017 QIPC Min Chu #178
People’s Court (case withdrawn)

(Shanghai) Co., Ltd., Apple Computer Trading 2017 QIPC Min Chu #179
People’s Court

Guangzhou
Intermediate People's 2017 GIPC Min Chu #472
Court
Commerce (Beijing) Co., Ltd. Guangzhou Hongcheng
Plaza Branch

Guangzhou
Court
Plaza Branch

Guangzhou
Court
Plaza Branch
Qualcomm Incorporated v Apple Incorporated, Apple

Beijing Intermediate Electronic Products Commerce (Beijing) Co., Ltd.,
People's Court Apple Trading (Shanghai) Co., Ltd., Apple Computer
Trading (Shanghai) Co., Ltd.
8
PUBLIC VERSION



Guangdong High (Shanghai) Co., Ltd., Apple Computer Trading
2018 GHPC Min Chu #87
People’s Court (Shanghai) Co., Ltd., Apple Electronic Products
Plaza Branch

Plaza Branch

Plaza Branch

Fujian High People's
(Shanghai) Co., Ltd., Apple Computer Trading Pending
Court

Fujian High People's
(Shanghai) Co., Ltd., Apple Computer Trading Pending
Court
Qualcomm Incorporated, Qualcomm Technology

Incorporated, Qualcomm Wireless Communication
Beijing High People’s
Technologies (China), Qualcomm Wireless 2018 BHPC Min Chu #196
Court
Semiconductor Technologies v Apple Incorporated,
Apple Electronic Products Commerce (Beijing) Co., Ltd
9
PUBLIC VERSION
Qualcomm Incorporated, Qualcomm Technology

Incorporated, Qualcomm Wireless Communication
Beijing High People’s
Technologies (China), Qualcomm Wireless 2018 BHPC Min Chu #195
Court
Semiconductor Technologies v Apple Incorporated,
Apple Electronic Products Commerce (Beijing) Co., Ltd

Electronic Products Commerce (Beijing) Co., Ltd., 2017 FIPC Min Chu #142
Fuzhou Intermediate
Apple Trading (Shanghai) Co., Ltd., Apple Computer
People's Court
Trading (Shanghai) Co., Ltd., Apple Electronic Products

Electronic Products Commerce (Beijing) Co., Ltd.,
Fuzhou Intermediate
Apple Trading (Shanghai) Co., Ltd., Apple Computer 2017 FIPC Min Chu #143
People's Court

Electronic Products Commerce (Beijing) Co., Ltd.,
Fuzhou Intermediate
Apple Trading (Shanghai) Co., Ltd., Apple Computer 2017 FIPC Min Chu #144
People's Court
10
PUBLIC VERSION
Schedule 4
PUBLIC VERSION
[Remainder of page intentionally left blank.]
2
PUBLIC VERSION
IN WITNESS WHEREOF, each of the parties hereto have caused this

to be executed through their duly authorized representatives
effective as of the date first written above.
Qualcomm Incorporated Apple Inc.
By: By:
Printed Name: Printed Name:
Title: Title:
Execution Date: Execution Date:
[[●]4]
By:
Printed Name:
Title:
Execution Date:
[Signature Page to Affirmation Agreement]

PUBLIC VERSION
Schedule 5
PUBLIC VERSION
[Remainder of page intentionally left blank.]
2
PUBLIC VERSION
IN WITNESS WHEREOF, each of the parties hereto have caused this

to be executed through their duly authorized representatives
effective as of the date first written above.
Qualcomm Incorporated Apple Inc.
By: By:
Title: Title:
[[●]5] [[●]6]
By: By:
Title: Title:
[Signature Page to Affirmation Agreement]

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing JOINT MOTION TO TERMINATE THE
INVESTIGATION (PUBLIC VERSION) was served to the parties, in the manner indicated
below, this 26th day of April 2019:
The Honorable Lisa R. Barton  VIA ELECTRONIC FILING

Secretary
U.S. INTERNATIONAL TRADE COMMISSION
500 E Street, SW, Room 112-A
The Honorable MaryJoan McNamara  VIA HAND DELIVERY – 2 Copies

Administrative Law Judge  VIA ELECTRONIC MAIL
500 E Street, SW
Lisa Murray  VIA ELECTRONIC MAIL

Paul Gennari Lisa.Murray@usitc.gov
Investigative Attorney Paul.Gennari@usitc.gov
Office of Unfair Import Investigations
500 E Street, SW
COUNSEL FOR RESPONDENT APPLE, INC.

Indranil Mukerji, Esq.  VIA ELECTRONIC MAIL
FISH & RICHARDSON P.C. FRService-Apple1093@fr.com
901 15th Street, NW, 7th Floor
Nina S. Tallon  VIA ELECTRONIC MAIL
Michael D. Esch WHApple-
Gregory H. Lantier Qualcomm1093ServiceList@wilmerhale.com
WILMER CUTLER PICKERING HALE AND DORR
LLP
1875 Pennsylvania Avenue, NW
William F. Lee
Joseph J. Mueller
Timothy D. Syrett
LLP
60 State Street
Boston, MA 02109
Ben Fernandez
LLP
1225 Seventeenth Street, Suite 2600
Denver, CO 80202
/s/ Irina Komarov, Paralegal

ADDUCI, MASTRIANI & SCHAUMBERG, L.L.P.

Apple-Qualcomm Motion To Terminate ITC Investigation After Settlement

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Apple-Qualcomm Motion To Terminate ITC Investigation After Settlement

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PUBLIC VERSION

UNITED STATES INTERNATIONAL TRADE COMMISSION

CERTAIN MOBILE ELECTRONIC

JOINT MOTION TO TERMINATE THE INVESTIGATION PURSUANT TO

Pursuant to 19 C.F.R. § 210.21(b), Complainant Qualcomm Inc. (“Qualcomm”) and

An investigation may be terminated as to one or more respondents based on a licensing or

subject matter of the Investigation.

Exhibit 2 and will be filed publicly.

No. 10 at 2-3 (Apr. 30, 2013).

Commission grant the motion to terminate the Investigation.

/s/ Deanna Tanner Okun /s/ Ruffin B. Cordell

Evan R. Chesler Nina S. Tallon

J. Wesley Earnhardt Washington, DC 20006

Counsel for Complainant Qualcomm Incorporated

Exhibit Not Susceptible to Public

Date: April 16, 2019

(1) QUALCOMM INCORPORATED

(2) APPLE INC.

SETTLEMENT AND RELEASE AGREEMENT

THIS SETTLEMENT AND RELEASE AGREEMENT (“Agreement”) is being entered into

(1) QUALCOMM INCORPORATED, a public corporation validly organized and existing

1 DEFINITIONS AND INTERPRETATION

“Apple CMs” shall mean

“Covered Patents” shall mean, with respect to a Party,

“Covered Products” shall mean, with respect to a Party,

“Patent License Term” shall have the meaning

“Related Agreements” means

“Third Party” means any Person other than either Party.

2.1 Within ten (10) Business Days of the Effective Date:

2.4 Within ten (10) Business Days of the Effective Date:

4.2 Covenant Not to Bring Certain Claims

4.3 Covenant Not to Bring Certain Claims

4.4 Covenant Not to Raise Claims

4.5 Covenant Not to

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

6 NO ADMISSIONS; REPRESENTATIONS, WARRANTIES AND COVENANTS

by any judicial or other governmental authority or contract to which such Party or

8 APPLICABLE LAW AND JURISDICTION

10 CONFIDENTIALITY AND PUBLICITY

10.1.1 necessary to effectuate, enforce or otherwise perform the releases, waivers,

10.1.4 made during the course of litigation, arbitration or a governmental regulatory

12.2 Nothing in this Agreement is intended or shall be deemed to constitute a partnership,

With a copy to:

Qualcomm Technology Licensing

Qualcomm Technologies, Inc.

With a copy to:

[Signature pages follow]

Form IPR Joint Motion to Terminate:

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

JOINT MOTION TO TERMINATE PROCEEDING UNDER 35 U.S.C. § 317

Joint Motion To Terminate Proceeding

Owner Qualcomm, Inc. (“Qualcomm”) and Petitioner Apple Inc. (“Apple”)

2019, entered into by the Parties.

IPR201x-xxxxx. Patent Owner filed a Preliminary Response on [date]. (Paper No.

[].) The PTAB instituted trial on [date]. (Paper No. [].)

in writing, and a true copy of same is attached as Exhibit xx.

In addition, the Parties desire that the Settlement Agreement be maintained

as business confidential information under 37 C.F.R. § 42.74(c), and a separate

joint request to that effect is being filed concurrently herewith.

1. Reasons Why Termination Is Appropriate

Termination is proper under 35 U.S.C. § 317(a) because the Parties are

Joint Motion To Terminate Proceeding

the Parties have or will also be jointly moving to terminate: IPR-_, -