German Court grants injunction against iPhone sales

Qualcomm has achieved an injunction against Apple’s sales of iPhones 7, 8 and X in Germany

Jakob Pade Frederiksen reports.

In two parallel decisions of 20 December 2018  –case Nos. 7 O 10495/17 and 7 O 10494/17 – the regional Court in Munich has granted an junction against Apple’s sales of products in Germany which fall within the terms of Qualcomm’s European patent No. 2 724 461 B1. The injunction concerns iPhone 7 and 8 as well as iPhone X of 2017. The patent relates to an amplifier circuit which protects the phone’s battery and extends its lifetime.

There is disagreement between Apple and Qualcomm as to the extent of the injunction. More specifically, the parties disagree if the injunction only relates to sales in the 15 Apple Stores in Germany, or if it also extends to sales over the internet. Apple has announced that the decision will be appealed. Qualcomm has posted a bond in the amount of 1.3 billion Euro.

The patent was granted by the EPO in 2017, and opposition proceedings initiated by Apple and Intel are currently pending. The oral proceedings in the first instance are scheduled to take place on 24 May 2019. The EPO’s provisional opinion issued on 23 November 2018 is in Qualcomm’s favour.

The case is part of a global patent fight between Qualcomm and Apple which also includes cases in the US and China.