Qualcomm alleging infringement of intellectual property
In the past two weeks judges in China and Germany have, to varying extent, agreed with Qualcomm’s allegation that some Apple iPhone models contain technology that infringes on Qualcomm intellectual property. Both courts ruled that Apple has to stop importing, selling and offering for sale several iPhone models with China issuing a preliminary injunction and Germany handing down a permanent injunction.
Qualcomm and Apple are engaged in a multi-faceted licensing dispute wherein the San Diego-based chipmaker alleges the smartphone giant is using its technology without paying prescribed licensure fees. Qualcomm further alleges Apple passed proprietary technology to rival Intel.
“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,” Qualcomm General Counsel Don Rosenberg said in a statement.
Qualcomm has to post bonds totaling more than $1 billion, which the company says is in process, before the court decisions can be enforced.
The Chinese decisions covers iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X, although devices remain on shelves as Apple said it solved the problem through a software upgrade. In Germany, some models have been pulled from Apple stores but are still available through other channels.
Apple said in a statement: “We are of course disappointed by this verdict and we plan to appeal. All iPhone models remain available to customers through carriers and resellers in 4,300 locations across Germany. During the appeal process, iPhone 7 and iPhone 8 models will not be available at Apple’s 15 retail stores in Germany. iPhone XS, iPhone XS Max and iPhone XR will remain available in all our stores.”
