[Netease Intelligent News Dec. 21] A court in Munich, Germany, on Thursday also issued a ban on some of Apples iPhone products, according to CNBC, a foreign media report.
This is a patent war judgment that followed last weeks ban on some of Apples iPhones issued by Chinese courts. On December 10, Qualcomm suddenly announced that the Fuzhou Intermediate Peoples Court of China ruled that four Chinese subsidiaries of Apple had banned the sale of some Apple products, including the 6S, 6SPlus, 7 Plus, 8 Plus and X.
In Chinas case, at present, both sides hold a different opinion. Apple chose to appeal and upgrade the system for users. Qualcomm urged the execution of the judgment as soon as possible, and the updating system was invalid.
In Germany, Qualcomm won a second ban on Apples iPhone in a tort lawsuit, specifically the use of Intel chips and other supplier Qorvo components for Apples sales in Germany.
Qualcomm has long sought to ban the sale of some Intel-chip-based iPhones in Germany, and judges have ruled that mobile phones carrying Intel and Apple supplier Qorvo chips infringe a patent of Qualcomm around so-called envelope tracking, which is known to help mobile phones save battery power when sending and receiving wireless signals.
We noticed that Apples share price was not affected too much, but due to the overall decline in technology stocks, Apples share price fell 2.5% at the end of the day.
Response from all sides
Apple responded that it would stop selling the iPhone 7 and 8 phones in German stores, but all models of the iPhone would be available in third-party retail stores in the German market.
Apple still plans to appeal the ruling, which Judge Matthias Zigann told the court earlier Thursday would not take effect immediately in such circumstances. However, Apple said it would not sell the iPhone 7 and 8 in 15 Apple retail stores in Germany throughout the appeal process.
In a statement, Apple also said, Qualcomms action is a desperate attempt to divert attention from the real problems between the two companies. Their courtroom and day-to-day business strategies hurt innovation and consumers. Qualcomm insists on charging too much for Ziwus unrealistic work, and its actions are being investigated by governments. Of course, we are disappointed with the verdict and plan to appeal. All models of the iPhone can still be sold through operators and distributors in 4,300 locations in Germany. But in the appeal process, Apple will no longer sell the iPhone 7 and 8 in 15 retail stores in Germany. The iPhone XS, XSMax and XR will continue to be available in all of our Apple retail stores.
Mike Baker, Qorvos chief intellectual property lawyer, said: We are confident that our packet tracking technology chip did not infringe patents in the lawsuit, and if the court carefully considered all the evidence, it would draw different conclusions. To our disappointment, the inventors and designers of our chips attended the hearings without the opportunity to testify or provide other evidence, or to prove Qualcomms claim of infringement was wrong. The International Trade Commission has determined that our packet tracking technology chip did not infringe the corresponding U.S. patent in this case. We currently expect that this decision will not have any impact on our business with Apple.
In a blog post, Steven Rodgers, Intels general counsel, said, Qualcomms goal is not to protect its intellectual property rights, but to exclude competition in the high-end modem chip market and to defend a business model that ultimately harms consumersinterests.
Over the past two weeks, two authoritative courts in different jurisdictions have confirmed the value of Qualcomms patents, declared that Apple is an infringer, and issued bans on some of the iPhones in two important markets, Germany and China, Don Rosenberg, general legal adviser and executive vice president of Qualcomm, said at a news conference.
Qualcomm also said in a press release that the ban would take effect immediately after its official release and that the process would be completed in a few days.
Last July, Qualcomm sued Apple in Munich District Court for a ban on the sale of some iPhones in Germany and for compensation.
The case is part of a broader court conflict between the two companies. Apple accused Qualcomm of engaging in anti-competitive business practices to protect its monopoly on modem chips. The Federal Trade Commission has also filed a lawsuit against Qualcomms business practices, which will be heard in California next month.
It is understood that the German case is the third time that Qualcomm applied for a ban on Apples iPhone due to patent infringement charges. It has filed similar applications in the United States and China before, which is the second major victory of Qualcomm against Apple.
The Financial Times reported Wednesday that Apple had tried to pre-empt the release of a ban on sales based on another function by changing its software in Germany.
The patent battle between Apple and Qualcomm seems to be more intense in China. On December 20, Jiang Hongyi, a lawyer of Beijing Liande Law Firm and a litigation agent of Fuzhou Intermediate Court, commissioned by Qualcomm in an interview with E Company, said that Apples attempt to push an upgraded version of IOS to users could not evade the injunction made by the court.
Apples continued sale ban involving seven mobile phone products is a violation of Chinas Civil Procedure Law and Criminal Law.
Jiang Hongyi also said that Qualcomm has launched 24 patent infringement lawsuits against Apple in the Chinese market. In some lawsuits, Qualcomm has added three new iPhone products released by Apple to the lawsuit. Meanwhile, Qualcomm has the right to use the two patents involved in the ban to prosecute the new model of the iPhone. (Dingxi)
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