It sounds strange – but it’s true. That is Qualcomm’s new demand before the Munich Regional Court.
On December 20, 2018, the Munich Regional Court issued a ruling in favor of semiconductor manufacturer Qualcomm against Apple. According to this ruling, Apple is no longer allowed to sell or market certain iPhone models in this country.
The reason for this is the violation of a patent whose technology optimizes the power consumption of the mobile phone chip. According to Qualcomm, Apple cannot change this with an iOS update. The ruling is not yet legally binding, but is provisionally enforceable. After Qualcomm deposited a security deposit of over 1.34 billion euros in securities, the sales ban came into force on January 3, 2019. Accordingly, Apple is no longer allowed to sell or market the iPhone 7, iPhone 7+, iPhone 8, iPhone 8+ and iPhone X models in this country.
Non-compliance with the ban is the reason for new demand
Apple has removed the affected iPhone models from its 15 stores in Germany and has therefore temporarily stopped selling them. Apple's press release at the time commented on the disappointment of the ruling and pointed out that all affected devices were available from retailers and contractual partners (Gravis & Co.). Qualcomm has obtained an injunction against this statement. The Munich Regional Court subsequently ruled that the passage in the press release was misleading. According to the ruling, Apple is no longer allowed to make such statements in the future. Despite the ban, the affected iPhone devices can still be purchased from third-party retailers. This is exactly what Apple should have prevented by confiscating all devices and then scrapping them. Qualcomm has now filed a new application against Apple at the Munich Regional Court for this reason.
prison for Tim Cook
According to the application, Qualcomm is demanding a penalty for Apple's failure - in the millions. The exact amount is not yet known. If Apple does not pay, the Munich Regional Court should impose coercive detention on Apple CEO Tim Cook - according to the content of the application.
Apple comments on Qualcomm's new demand
Apple has now commented on Qualcomm's new demand and describes it as a diversionary tactic. Apple believes that it has complied with the sales ban so far and refuses to initiate a recall for the devices in question (iPhone 7, iPhone 7+, iPhone 8, iPhone 8+ and iPhone X) that are still on sale at other retailers - according to Apple, it is not obliged to do so. Cupertino has appealed against the ruling of December 20, 2018.
