Apple Forced to Stop Selling Older iPhones in Germany

The affected models will still be available from mobile phone carriers and resellers

Image The affected models will still be available from mobile phone carriers and resellers

According to those following the patent infringement case from the sidelines, Qualcomm effectively blocked key evidence from being presented in the German court, the same key evidence that led a USA court to rule that Apple did not infringe on the said patent.

Apple says it will stop selling the iPhone 7 and iPhone 8 at its stores in Germany.

"Qualcomm's goal is not to vindicate its intellectual property rights, but rather to drive competition out of the market for premium modem chips, and to defend a business model that ultimately harms consumers", Rodgers said.

"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", a statement from Apple read. Apple said it would appeal the injunction, which is nearly identical to another one issued last week in China.

All iPhone models are still on sale at third-party sellers in 4,300 locations across Germany.

Apple is working on an appeal to the German court's decision but, in the meantime, has suspended sales of the iPhone 7 and iPhone 8 from all 15 of the company's stores in the country.

The ban does not cover the new iPhone XS, iPhone XS Plus or iPhone XR, which were not yet available when Qualcomm filed its lawsuit. Prior to the Germany case, Qualcomm had secured a ban on iPhones in China. Apple has argued its former supplier unfairly leverages its position as the biggest provider of chips for smartphones to force payment. Apple now has to fight the same battle on two fronts as Qualcomm brings the legal proceedings to German court; however the iPhone maker can delay immediate effects by appealing. The company noted, however, that all iPhone models remain available from cellphone carriers and resellers in the country. A permanent injunction has been issued, stopping Apple from selling any infringing iPhones in Germany. Qualcomm alleges that the chips use "envelope tracking" to preserve battery, a technology that allegedly violates one of the company's patents.

So Apple retaliated with a countersuit against Qualcomm in California for allegedly infringing on its patents. Intel and Qorvo provided the chips in the alleged infringing devices, CNBC said. Qualcomm claims that as soon as it posts bonds "which will be completed within a few days" the injunction in Germany will be effective and "immediately enforceable". Cupertino has also been found liable for any monetary damages suffered by Qualcomm, the amount of which has yet to be offered.

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