Apple to Stop Selling iPhone 7 and iPhone 8 Models in Germany While Appealing Broader Sales Ban [Updated]

[MacRumors]

In a statement issued to CNBC, Apple has indicated that it plans to appeal a German court's decision to issue a preliminary injunction--aka sales ban--on select iPhone models containing chips from Intel and Apple supplier Qorvo.

In the meantime, Apple said iPhone 7 and iPhone 8 models will not be available for purchase at its retail stores in Germany:

Qualcomm's campaign is a desperate attempt to distract from the real issues between our companies. Their tactics, in the courts and in their everyday business, are harming innovation and harming consumers. 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. 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.

Earlier today, reports said a German court ruled that select iPhone models containing a combination of chips from Intel and Apple supplier Qorvo violated one of Qualcomm's patents around so-called "envelope tracking," a feature that helps preserve battery life when sending and receiving wireless signals.

In its statement, Apple said the latest iPhone XS, iPhone XS Max, and iPhone XR models remain available for purchase at all of its stores in Germany. The older iPhone 7 and iPhone 8 models will also remain available for purchase at authorized resellers and carriers in Germany, according to the company.

Reuters reported that the preliminary injunction will not go into immediate effect if Apple appeals, but legal expert Florian Mueller of FOSS Patents informed MacRumors that the injunction "is enforceable even during an appeal," which perhaps explains why Apple pulled iPhone 7 and iPhone 8 models from its shelves in the country.

While I confirm new models not affected, Reuters is WRONG about appeal. The injunction is enforceable even during sn appeal. They misunderstood the judge. - Florian Mueller (@FOSSpatents) December 20, 2018

The appeals court could stay enforcement of the injunction, however. And I am sure Apple will ask for it but no guarantee that the appeals court agrees. - Florian Mueller (@FOSSpatents) December 20, 2018

Mueller also said the ruling applies up to the iPhone X, which Apple no longer sells in Germany, which would explain why the iPhone XS, iPhone XS Max, and iPhone XR remain available for purchase in the country.

Qorvo's intellectual property lawyer Mike Baker via CNBC:

We believe our envelope tracking chip does not infringe the patent in suit, and the court would have come to a different conclusion if it had considered all the evidence. We're disappointed that the inventor and designer of our chip, who attended the hearing, wasn't given the opportunity to testify or present other evidence that disproves Qualcomm's claim of infringement. The International Trade Commission has already determined that our envelope tracker chip does not infringe the U.S. counterpart to the patent at issue in this case. We currently do not expect that this decision will have any impact on our business with Apple.

Intel's general counsel Steven Rodgers:

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.

Apple and Qualcomm are engaged in a major legal battle spanning multiple countries, including China, where a court issued a similar preliminary injunction on select iPhones last week over two separate Qualcomm patents.

Apple continues to sell the affected iPhone models in China and believes it is in compliance with the ruling. Earlier this week, it made some minor changes in iOS 12.1.2 to address the Qualcomm patents in China, including introducing a new animation for force closing apps.

Last year, Apple accused Qualcomm of anticompetitive business practices over chip-related licensing fees, while Qualcomm has accused Apple of sharing its trade secrets with Intel among other illegal actions. In the U.S., the FTC is also taking Qualcomm to court next month over the alleged monopolistic behavior.

Update: In a press release, Qualcomm said the judgment is immediately enforceable once Qualcomm posts the necessary bonds and that Apple's request to the court for a stay of the injunction was denied. Qualcomm says the court also found Apple liable for monetary damages in an amount to be determined.

pic.twitter.com/Vqdj9BaKUG - Joe Rossignol (@rsgnl) December 20, 2018

Qualcomm's general counsel Don Rosenberg issued the following statement to MacRumors:

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 expects to post the required bonds within a few days.

Article Link: Apple to Stop Selling iPhone 7 and iPhone 8 Models in Germany While Appealing Broader Sales Ban [Updated]

 

[ryanwarsaw]

It's just all good news about Apple these days. Hopefully they have inked another deal with some director I have never heard of for some original series such as "Lassie: the missing years." I need some cheering up.

 

[Smartass]

This surely wont affect sales numbers

 

[ramallite]

Nice. So Apple is taking the cheaper iPhones off the market in Germany and selling only its more expensive devices with the excuse "The courts made us do it".

 

[citysnaps]

Nice. So Apple is taking the cheaper iPhones off the market in Germany and selling only its more expensive devices with the excuse "The courts made us do it".

No, not an excuse. Apple is complying with the law.

People are free to purchase or not purchase phones that are not subject to the court's order.

 

[macduke]

They really need to figure this crap out because this is getting worse by the day. From what I understand Qualcomm was charging unreasonable amounts for FRAND patents and Apple got pissed and now doesn't want to pay them anything. Bunch of companies acting like children—which seems to be a popular trend among many adults in our society lately. Qualcomm needs to get paid, Qualcomm needs to charge a fair amount for a standards patent, Apple need to pay it, end of story. It's not worth it to go thermonuclear when you could end up wrecking your worldwide sales—especially at a time where they seem to be in a weaker position than usual.

 

[brendu]

Qualcomm can’t compete with apples SoCs so they need to block the sales of apples phones...

 

[nebo1ss]

Apple need to pay the Qualcomm tax and stop trying to dodge and weave.

 

[hawkeye_a]

Remember when Apple introduced and started selling a new phone, they would phase out the older model within weeks? Hawkeye_a remembers.

Now they continue selling three year old models alongside new ones.

 

[brendu]

Remember when Apple introduced and started selling a new phone, they would phase out the older model within weeks? Hawkeye_a remembers.

Now they continue selling three year old models alongside new ones.

To be fair, it used to be that older iPhones weren’t going to last 4+ years with great performance. Now that is absolutely the case so they can sell a 3 year old phone without it being a ****** experience for customers.

 

[pika2000]

This will accelerate Apple to make their own modem (and a plethora of other components). In short term, it's look like Qualcomm really pushes Apple into a corner. However, long term, it will only guarantee Apple's being less dependent to 3rd parties like Qualcomm. I'm sure other modem suppliers like Mediatek and of course, intel, will be pushed to offer Apple their best work, and Apple's strict requirements will only make, let's say, intel modems better.

In the long run, Qualcomm is doing a disfavor to themselves. Many big OEMs are already shying off Qualcomm. Take Xiaomi. They are already shifting their best selling Redmi series to Mediatek (Redmi 6 and 7). Huawei have their own Kirin chips. Samsung of course would prefer their exynos solution, but stuck with Qualcomm for US carrier support. The Android OEMs should be wary of what Qualcomm can do to them, and unlike Apple, they don't really have the cash to fight litigations with Qualcomm.

 

[scrapesleon]

Is Apple doomed now

 

[keysofanxiety]

Remember when Apple introduced and started selling a new phone, they would phase out the older model within weeks? Hawkeye_a remembers.

Now they continue selling three year old models alongside new ones.

Remember when just one iOS update would make your year-old phone sluggish? Keys remembers when he updated from iOS 4 to 5.

An iPhone 6S still is an absolute beast. I'd sooner use that over any Android phone.

 

[Gorms]

For some weird reason I can’t help but feel that forcing Apple to slim down the iPhone line to just their latest devices is probably the best thing that could happen for consumers in the long run. It’s certainly hard to imagine they won’t lower prices at some point on say the Xr, just because their budget lines have been decimated and they need a product to fill that gap.

Probably wishful thinking.

 

[GuruZac]

It's just all good news about Apple these days. Hopefully they have inked another deal with some director I have never heard of for some original series such as "Lassie: the missing years." I need some cheering up.

You win the internet today That's hilarious!

 

[lec0rsaire]

Remember when Apple introduced and started selling a new phone, they would phase out the older model within weeks? Hawkeye_a remembers.

Now they continue selling three year old models alongside new ones.

This is because the early SoCs couldn’t keep as websites and apps became more and more resource intensive. Similar to how fast Pentium II, III and 4 became obsolete.

The A10 is like Intel Core. Their SoCs peaked and from now on they will be able to handle whatever is thrown at them for a much longer period of time. Before the 7 Plus no iPhone would feel as fast as it did on its original firmware 2 versions of iOS later.

iOS 4 ruined the iPhone 3G. iOS 7 was noticeably worse than iOS 6 for the 4S. My 6 fared ok on iOS 10 but also was noticeably slower than it was on 8 even with a fresh battery.

So that’s what’s changed. Part of this was the decision to give the 7 Plus and newer 3 GB RAM. That extra gig makes a big difference. Had they given them 4 gigs they would probably still perform well with iOS 14-15.

 

[AustinIllini]

Apple need to pay the Qualcomm tax and stop trying to dodge and weave.

You want a $1400 iPhone 11? Because that's how you get a $1400 iPhone 11

 

[Baymowe335]

So this is only an Apple Retail store issue for iPhone 7 and 8?

These things make no sense. If it's that big of a deal, why can third parties sell the 7 and 8?

 

[AustinIllini]

Remember when just one iOS update would make your year-old phone sluggish? Keys remembers when he updated from iOS 4 to 5.

An iPhone 6S still is an absolute beast. I'd sooner use that over any Android phone.

Most of us remember the versions that slowed down your iPhones: iOS 4,5,6,7,8,9,10
[doublepost=1545325635][/doublepost]Apple needs to settle this and develop a replacement for their Intel/Qualcomm dependency

 

[Romeo_Nightfall]

Qualcomm can’t compete with apples SoCs so they need to block the sales of apples phones...

Hahahahaha
You made our day

Qualcomm has the finest chips, the whole iPhone was built on that chips, hahaha

 

[magicschoolbus]

Qualcoms playing Apples own game... dirty.

 

[Morky]

Wasn't the current forced closing gesture first implemented in WebOS by Palm, now owned by LG?

11 seconds into this:

 

[brendu]

Hahahahaha
You made our day

Qualcomm has the finest chips, the whole iPhone was built on that chips, hahaha

The A12 crushes the snapdragon processors from all of what I’ve seen. Maybe that is androids fault but I haven’t heard people going on about how snapdragon will likely replace intel in the next couple years the way I hear people talk about the A series chips doing just that.
[doublepost=1545325921][/doublepost]

Wasn't the current forced closing gesture first implemented in WebOS by Palm, now owned by LG?

11 seconds into this:

Yes. This gesture was developed and used ten years ago by palm

 

[netdudeuk]

No, not an excuse. Apple is complying with the law.

People are free to purchase or not purchase phones that are not subject to the court's order.

Remember that time when they had to comply with UK law and had to put a banner on their homepage ? They put it at the bottom in very small writing, which, IMHO, showed a lack of respect of the law in this situation. They were told to make it bigger.

 

[citysnaps]

Remember that time when they had to comply with UK law and had to put a banner on their homepage ? They put it at the bottom in very small writing, which, IMHO, showed a lack of respect of the law in this situation. They were told to make it bigger.

I don't understand your point.

Apple is complying with the German court's order. Was Apple also required by the German court to put something on their web page? If not, is Apple somehow not respecting German law?