The chip group Qualcomm has ban in its patent dispute with Apple sales in Germany, fought for, which could restrict the sales of several older iPhone models. Affected are the following model series: iPhone 7 and 8 and the iPhone X from last year. Apple pointed out at the same time, the fact that these devices are supposed to remain mobile operators and other traders continue to be available. Only in the 15 German Apple Stores, the iPhone 7 and iPhone 8 will no longer be sold. The newer models of iPhone XS and XR are not affected. The iPhone was replaced by Apple in its range already by the XS.
The regional court in Munich on Thursday, the infringement of a Qualcomm patent by Apple. Qualcomm can the prohibition of the sale only, if a security is deposited by at least 668,4 million euros. The amount is valid for two proceedings in which it went to the Patent. In addition, Apple should pay compensation to Qualcomm.
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By Malte mansholt did not sale ban still in force
Qualcomm has achieved a noticeable success in the worldwide dispute with Apple. The iPhone group had emphasized to the last that he did not want to engage in a comparison. Qualcomm had stressed in advance that the group will implement a possible ban on the sale quickly. The significant safety performance was not as yet known. In industry circles, it was assumed that the group will raise the required sum swiftly, the sale trigger a ban.
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, a solution that Qualcomm’s Patent-infringing.
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“The chamber has not clarified how exactly the technical design of this chip is,” admitted the presiding judge Matthias Zigann. “If the defense can only be done by you revealed a secret”, it is necessary to lay it open to either – and then it was no longer a secret. “Or you do not revealed the secret, and then loses may be the process, as happened today.” The court decided accordingly on the basis of Qualcomm’s presentation of the implementation of the technology in the Apple devices. In the further course of the process to a Software Patent for Details of the search function on the iPhone, the court was initially met with no decision.
Qualcomm files a complaint against Apple in Germany in more than a dozen proceedings in Munich and Mannheim. Previously, a procedure was suspended and the case was dismissed. Apple spoke on Thursday of a “desperate attempt” Qualcomm, of the actual differences between the two companies to distract. They wanted to go against the judgment in appeal.
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The dispute began when Apple, Qualcomm sued with the accusation, the chip group demand to be high fees for the use of its patents. Apple argues that since the chip group intends to have no fixed price, but a percentage of the sale price of the devices, try to it to benefit unfairly from Apple’s own innovations. Qualcomm gets since then, no more money from the iPhone Contract and Apple throws in front of the court for the violation of various patents. Qualcomm is primarily known as a supplier of processors and radio chips, but also requires the invention of many other technologies in Smartphones.
The companies argue, among other things, also in the United States and China. Apple and several iPhone-to-order manufacturer, accusing Qualcomm, through shady competitive practices by charging excessive license fees collected. Manufacturers such as Foxconn want to sue for in the USA nine billion dollars in the case of Qualcomm, the process should begin in mid-April, said her attorney, Theodore Boutrous this week. The amount was mainly the license fees in the amount of five percent of the unit price for a number of years. The manufacturer would have to pay double, once for the Chips and then for the technology therein, said Boutrous. It was a “tax on innovation”. The chip group attempts, with “trivial complaints on the periphery” divert attention from the fact that its business model was under pressure, and to force Apple and the Pavers in a comparison.
Not only in Germany
limited In China reached Qualcomm on the Basis of two Software patents a few weeks ago, a sales ban of several models from iPhone 6 to iPhone X from last year. Apple continued its sale, however, and refers to the fact that through a Software Update, the Patent not going to hurt. Qualcomm insists that the preliminary injunction expressly specific models listed, and should not therefore be offered.
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 considerable financial losses, because a large number of iPhone Finished as early as 2017-set the license payments.
mma / DPA