After a court there issued an injunction in a Qualcomm-related lawsuit, Apple said that it would temporarily stop selling the iPhone 7 and iPhone 8 in its stores in Germany. The ruling applies to iPhones that violates on a Qualcomm patent related issue regarding power management, specifically those with an Intel modem and a chip from Qorvo. Qualcomm needs to post a bond of 668.4 million euros or $765 million before it can begin proceedings to enforce the order. Apple said it would pull some phones from its stores while it pursued an appeal.
“We are of course disappointed by this verdict and we plan to appeal. All iPhone models remain available to customers through carriers and resellers in 4,300 locations across Germany. During the appeal process, iPhone 7 and iPhone 8 models will not be available at Apple’s 15 retail stores in Germany. iPhone XS, iPhone XS Max and iPhone XR will remain available in all our stores.”
_Apple said in a statement.
Meanwhile in Germany, Qualcomm seeks a ban on some iPhones with chips from Intel Corp. Qualcomm, in the courts alleged that Apple violated its patents and has sought bans on iPhone sales in the United States and China. The German case is Qualcomm’s third major effort to secure a ban on Apple’s lucrative iPhones over patent infringement allegations after similar efforts in the United States and China.
Appealing to the verdict, Apple is continuing the sale of its iPhone XR, XS and XS Max in its 15 stores, adding that the older models remain available from carriers and retailers. Apple alleges that Qualcomm engaged in illegal behavior to preserve a monopoly on modem chips, which help mobile devices connect to wireless data networks.
“We believe our envelope tracking chip does not infringe the patent, and the court would have come to a different conclusion if it had considered all the evidence. We’re disappointed that the inventor and designer of our chip, who attended the hearing, wasn’t given the opportunity to testify.”
_Mike Baker, Qorvo’s chief intellectual property counsel said.
“Qualcomm’s goal is not to vindicate its intellectual property rights, but rather to drive competition out of the market for premium modem chips, and to defend a business model that ultimately harms consumers. Competition authorities around the world have repeatedly found Qualcomm’s licensing practices unlawful, yet Qualcomm continues to try to achieve the same results through a campaign of patent lawsuits. These lawsuits have been largely unsuccessful, and at best would reduce innovation and raise prices.”
_Steven Rodgers, Intel’s general counsel, said in a statement.
The court had granted Qualcomm’s request for “a recall and destruction of all accused devices from all retailers in Germany.” The German case is Qualcomm’s third major effort to secure a ban on Apple’s lucrative iPhones over patent infringement allegations after similar efforts in the U.S. and China. In Germany, the judge ruled that phones with a chip from Apple supplier Qorvo violate one of Qualcomm’s patents around so-called envelope tracking, a feature that helps mobile phones save battery power while sending and receiving wireless signals.