The Tech Giant Apple did not have a pretty good start for the year 2019 as two of company’s model iPhone 7 and iPhone 8 have been banned from sale in its retail German stores.
Apple removed two models after an injunction was issued by a Munich court in relation with a patent lawsuit brought by California based chipmaker Qualcomm. This patent conflict involves smart phone power management technology that extends battery life.
The renowned chipmaker company posted around $1.5 Billion in a security obligation to effectuate a German Court decision from 20th December that levied precursory injunctions on iPhone 7 and iPhone 8.
According to a report by MacRumors, Qualcomm posted security bonds to cover probable damages that Apple might experience while appealing the iPhone ban in Germany.
The Munich Court supported Qualcomm after finding that Apple had infringed Qualcomm Smartphone power saving technology in two of its models, iPhone 7 and iPhone 8 on 20th December 2018. The court granted a permanent injunction to Apple & asked them to cease the sale & importation of infringed iPhones to Germany.
The Apple website for Germany is currently offering brand-new models of iPhones (like XS, XS Max & XR) & other models from 2016 (iPhone SE), 2015 (iPhone 6S & 6S Plus), 2014 (like iPhone 6 & 6 Plus). However, the buyers desiring to buy iPhone 7 and iPhone 8 will be disappointed as these will no longer be sold online.
In a statement that Qualcomm made on 4th December 2018, it claimed that the court has ordered the tech giant to withdraw infringing iPhones from third-party resellers in the market. Qualcomm detailed the process through which the injunction will be enacted & the patents that were infringed by Apple.
In reaction to the injunction, an Apple spokesman said that Qualcomm’s campaign is a desperate endeavor to draw away from the real issues between the companies. He further added that resellers in the market would continue to stock all the models of Apple.
Qualcomm has also been found pursing a trademark lawsuit against Apple in China & the United States.
According to resources, Apple appealed against the preliminary command on prohibition of import & sales of old iPhone models in China. The Fuzhou Intermediate People’s Court enforced this injunction after finding that Cupertino was violating Qualcomm patents. In this case, the patents were related to photos editing & apps management of smart phone touch screens.
However, Apple stated that all of its models remained on sale in China after that, followed by a software update from Apple.
Don Rosenberg, Qualcomm’s Executive Vice-President & general counsel stated in a December press release that two different jurisdictions of two respected courts have confirmed the value of their patents & declared Apple as an encroacher.
In the United States, Intel Engineers working with Apple were recently accused of stealing trade secrets by Qualcomm. Apple has also been accused of sharing Qualcomm’s technology with competitor suppliers.
The legal battle between the two shows no sign of fizzling out; however it has led Apple to reduce its reliance on Qualcomm Chips- with Intel.
Hi-tech & technology firms often choose to litigate in Germany as German court system pronounce more expeditiously than many other countries. According to PC world, it is also much easier to get a command blocking further sales in Germany.
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