Apple told to retract press statement in Qualcomm patent war
A German court has told Apple to withdraw a press statement that suggested its iPhones would still be available for sale in Germany following a Qualcomm-won injunction.
In December, the District Court of Munich banned sales of the iPhone 7 and 8 after finding them to infringe Qualcomm’s patents covering “envelope tracking”, a feature that helps mobile phones save battery while sending and receiving wireless signals.
Apple subsequently issued a statement that said while the banned models would not be sold at its 15 retail stores in Germany, they would be available through mobile network carriers and third-party retailers.
However, the German court has now told Apple to remove that statement because the December judgment also ordered Apple to recall the products from resellers, according to a copy of the decision obtained by Bloomberg News.
“The press release is misleading because it contains statements that are at least potentially deceptive about the availability of the goods,” the court said. “The statement conveys the impression of unlimited availability.”
As WIPR reported earlier this month, Qualcomm posted the required bonds of €1.34 billion ($1.5 billion) to enforce the injunction. Apple has appealed against the December ruling to the Munich Regional Court.
Meanwhile, Qualcomm is battling claims by the US Federal Trade Commission that it extracted royalties above fair, reasonable, and non-discriminatory terms from its licensees in the telecoms industry. The case is being heard in the US District Court for the Northern District of California.
Court records show that the most recent hearing, on January 18, lasted nearly six hours, with Judge Lucy Koh overseeing proceedings. The next stage begins tomorrow, January 22, which will be the eighth day of the trial. Closing arguments will be heard on January 29.
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