Apple responds to a ban in Germany: disappointed and plans to appeal

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 Apple responds to a ban in Germany: disappointed and plans to appeal


Apple responded that, of course, we were disappointed with the verdict and planned to appeal.

On December 21, Apple responded to a ban on German sales by saying, Qualcomms move is another desperate attempt to divert the real problem between our two companies. Their manoeuvres in courts and day-to-day business are hurting innovation and consumer interests. Qualcomm insists that it charges too much for work they have not done, and that their actions have been investigated by governments around the world.

Of course, we are disappointed with the verdict and plan to appeal. All models of the iPhone are still available to consumers through operators and distributors in 4,300 locations in Germany. In the appeal process, the iPhone 7 and 8 will be suspended from 15 Apple Store retail stores in Germany. All our retail stores will continue to sell the iPhone XS, the iPhone XSMax and the iPhone XR. Apple said in a statement.

Yesterday, Qualcomm announced that the Munich District Court found that Apple infringed Qualcomms intellectual property rights related to reducing the power consumption of smartphones and granted Qualcomm a permanent injunction demanding that Apple stop selling, promising to sell and import infringing iPhones in Germany. The ruling covers all infringement models of the iPhone and applies to both Apple in the European Union and Apple in the United States.

Qualcomms infringed patent provides a way to reduce power consumption of power amplifiers, enabling devices to use energy more efficiently and prolonging standby time of smartphones. Reporters learned from people familiar with the situation that Qualcomm and Apple are involved in hardware patents in Germany, and software patents in China, which are non-core functions, can be solved through software upgrades.

On the evening of December 10, Qualcomm announced that the Fuzhou Intermediate Peoples Court granted Qualcomm two interim injunctions against four Chinese subsidiaries of Apple, demanding that Apple immediately stop infringing on Qualcomms two patents, including importing, selling and promising to sell unauthorized products in China.

According to the ruling, Apples infringement of Qualcomms patent is a card metaphor of activity in computing devices with the patent number ZL201310491586.1. Simply put, its the interface that Apples mobile phone enters after double-clicking the Home key, and it can switch and quit App. This feature is widely used in Apple mobile phones.

On Tuesday, Apple pushed system updates to users. In addition to fixing some of the problems with the three new iPhones, it also introduced new animations when the application was forced to quit, updating shared form controls for setting up contacts and wallpaper images. The move is also seen as an attempt to circumvent patent risks.

Jiang Hongyi, a lawyer of Beijing Liande Law Firm, a litigation agent entrusted by Qualcomm, told reporters, Even though software updates are released, there are still infringements, which are still within the scope of patent protection. It does not mean that the updates are not within this scope. This is a very professional problem. If Apple claims to release software updates and apply the updates to the iPhone phones to which the ban applies, that is, new phones produced and mobile phones sold, it should also prove them to the court in accordance with normal legal procedures and make such claims to the court. Therefore, it is meaningless to discuss whether to change or not only from the public perspective, because the determination of patent rights is a very professional legal work.

Source: Gan Wenbin_NBJS7621, Responsible Editor of Beijing Newspaper