In the worldwide led patent dispute with Apple, the chip manufacturer Qualcomm can enforce a stop sale for certain iPhones in Germany. Apple Stores offer iPhone 7 and 8 as a precaution.
Apple takes after a defeat in court, the two iPhone models from the shelves in Germany. In the final sprint of the Christmas business of the US group announced surprisingly, the Smartphone models of iPhone, 7 and 8 would no longer be offered in the 15 Apple Stores in the Federal Republic of Germany. Apple pulls the volunteers, the consequence of a judgment of the district court of Munich.
In a not yet final judgment, the court acknowledged the chip maker Qualcomm, the possibility of the sale of iPhones in the model 7plus, 7, 8, 8plus, and X series to stop. In addition, the chip can allow a producer to already sold devices will return your call. The reason: The judges saw it proven that a particular electrical component in the Smartphones, infringes a European Patent of Qualcomm. Apple refers to this Chip from a supplier.
The US chip group Qualcomm can enforce the judgment against a safety performance of each 668,4 million euros for two proceedings in which the Patent, provisionally fully, said judge Matthias Zigann at the time of sentencing. Also, the U.S.-based group, Apple must cease the sale without further process directly. It Qualcomm free to decide for or against. A Qualcomm spokeswoman did not want to comment on the action of the group first.
Apple vekündete, the models Xs, Xs, Max and Xr would be unchanged and available in the German Apple stores. In addition, all iPhone models were unchanged at distributors and other contractual partners to 4300 locations in Germany. Apple is going to challenge the Munich-based judgment and during the appellate proceedings on a sale of the iPhones 7 and 8 in its German stores without.
Unclear Function
Such security services are provided for the case that a Party loses after a win at this stage of the process in a higher court and then, in turn, damages it must pay. Because the judgment is not appealable but can be challenged by both parties at the higher regional court, as the judge said.
The Patent refers to a technology that adjusts the power consumption of telecommunications Chips, so that the battery lasts longer. From the perspective of Qualcomm, it is not possible to work around this Patent by a Software Change. The manufacturer of the corresponding component in the in Germany sold iPhones, the US-based company, Qorvo, refers in turn to the fact that you can use for the so-called “envelope tracking” your own solution, the Qualcomm’s Patent-infringing.
According to the court, was between the two parties in dispute how the Chip works – the court ruled, however, that this was not to educate. For procedural reasons, the court assumed that the Chip is functioning as Qualcomm claims. For reasons of confidentiality, the supplier Apple has not been able to deliver, as the Chip from the point of view of the group’s work, and thus, the representation of Qualcomm.
Claim for damages open
In its judgment, the chamber also ruled that Apple must pay compensation to Qualcomm. How much, it had to be made in a separate process to be clarified. Also open to a number of other patent lawsuits from Qualcomm against Apple is in the Munich court proceedings. The court will comment at the end of January, announced the judge.
The dispute between Apple and Qualcomm has been spinning for years in several countries for patent infringement for the Chips that are used in the iPhone models. While Qualcomm has accused the iPhone manufacturer of the infringement of patents, accused Apple, the chip manufacturer, its market power to abuse it. In the United States is scheduled to begin in January, also a process to a lawsuit, the U.S. trade authority, the FTC against the Qualcomm’s practices. Qualcomm has had to contend with financial losses, because a large number of iPhone Finished as early as 2017-set the license payments.
sam/sti (afp, dpa, rtr)