Last month, Qualcomm won a victory in Germany with a suit that claimed Apple infringed on its modem patents. The ruling was set to affect iPhone 7 and 8, with Apple appealing the decision. In the meantime, Apple said it would stop selling the iPhone 7 and 8 in the country, but it interpreted the ruling so that third-parties could continue selling the devices. However, Apple has been issuing a press release in Germany that says it would be able to sell all iPhones in the country (via Bloomberg) and has now been ordered to stop using that part of the statement.
Earlier this month, Qualcomm posted a $1.6 billion bond to enforce the German iPhone sales ban while Apple appeals the ruling. The funds would be given to Apple for lost sales in the event that the decision is overturned.
The two companies differed over whether Apple could continue to sell the iPhone 7 and 8 via third-parties or if the ban would include the sale of all iPhone 7 and 8 smartphones.
Today’s news about Apple being ordered to stop using part of a press release regarding its iPhone sales in the country comes from Qualcomm yesterday winning an injunction that strictly interprets the ban as applicable to all iPhone 7 and 8 sales, including third-party retailers.
Here’s the judges reasoning behind giving Qualcomm the latest injunction forcing Apple to retract its press release:
Apple’s original press release contained two paragraphs with the second one detailing product availability. Qualcomm’s injunction forced Apple to remove that one, but the first one which describes why Qualcomm’s strategy is harmful to the “innovation and consumers” was allowed to remain.
