Qualcomm has announced that the District Court of Munich found that Apple is infringing Qualcomm’s intellectual property for power savings in smartphones and granted Qualcomm’s request for a permanent injunction, ordering Apple to cease the sale, offer for sale and importation for sale in Germany.
The injunction covers all models of iPhones that contain the infringing functionalities and apply to Apple’s European Union entities as well as Apple. The judgment is immediately enforceable once Qualcomm posts bonds covering potential damages incurred by Apple should the company overturn or amended on appeal the judgment.
Apple’s request to the court for a stay of the injunction was denied. The court has also determined that Apple is liable for monetary damages in an amount to be determined at a later time. The court also granted Qualcomm’s request for an accounting of the details associated with all sales, including revenues and profits of the accused devices in Germany and recall and destruction of all accused devices from all retailers in Germany.
The injunction is effective as soon as Qualcomm posts the required bonds which will be completed within a few days. Soon after the judgment, Apple is pulling older iPhone models from German stores. While the appeal is pending, the sale of iPhone 7 and 8 models will be halted at the 15 Apple stores in Germany. However, all iPhone models remain available from cellphone carriers and resellers in the country. Apple said the iPhone X, which was also mentioned in the verdict, has since been replaced by a newer model.
Don Rosenberg, executive vice president, and general counsel, Qualcomm Incorporated said:
Two respected courts in two different jurisdictions just in the past two weeks have now confirmed the value of Qualcomm’s patents and declared Apple an infringer, ordering a ban on iPhones in the important markets of Germany and China.
Apple, in a statement, said:
Qualcomm’s campaign is a desperate attempt to distract from the real issues between our companies. Their tactics, in the courts and in their everyday business, are harming innovation and harming consumers. Qualcomm insists on charging exorbitant fees based on work they didn’t do and they are being investigated by governments all around the world for their behavior.