SHARE
COPY LINK

COURT

Apple rival paves way for ban on some iPhones in Germany

US chipmaker Qualcomm said Thursday it had fulfilled the requirements set out by a court in a patent dispute case against Apple to ban the sale of older iPhone models in Germany.

Apple rival paves way for ban on some iPhones in Germany
File picture shows customer with a new iPhone 7 in hand, and an iPhone 6 on the table. Photo: DPA

The court in the German city of Munich had ruled in favour of Qualcomm last month but said an injunction banning sales of affected iPhones could only be imposed immediately if the company put down a security deposit.

“(Qualcomm) has posted security bonds totalling €1.34 billion euros. The bonds are required for Qualcomm to be able to enforce the remedies ordered by the Court on December 20th, 2018,” it said Thursday.

SEE ALSO: Apple wins case, could lead to iPhone ban in ban in Germany: Court

The court set the large sum as it could be the amount awarded to Apple in terms of revenue losses if the iPhone maker manages to get the Munich ruling overturned by a higher court.

A court spokeswoman said she could not confirm the payment as the case is no longer in the tribunal's remit.

An Apple spokesman told AFP that it had been “disappointed” by the Munich ruling and would appeal.

“All iPhone models remain available to customers through carriers and resellers in 4,300 locations across Germany,” he said.

“During the appeal process, iPhone 7 and iPhone 8 models will not be available at Apple's 15 retail stores in Germany.”

However Qualcomm insisted in a statement that the court had “ordered Apple to recall infringing iPhones from third party resellers in Germany”.

The two Californian tech giants have been locked in a long-running battle over patents and royalties that has played out in courts and administrative bodies worldwide.

At the heart of the dispute in the German case are chips made by one of Apple's suppliers used in iPhones, with both parties at loggerheads on how the chips actually work, said the court.

Among the functions of the chip is the conservation of battery power.

The Munich court said it had to go with Qualcomm's explanation of how the chip worked as Apple would not give details on its functioning, citing the industrial secrecy interests of its supplier.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

COURT

Why an ‘old’ man is taking on German nightclubs’ door policies in court

Bouncers at German nightclubs are legendary for their reluctance to let too many people through the door. A Munich man is now taking one club to court for turning him away based on his age.

Why an ‘old’ man is taking on German nightclubs' door policies in court
Inside a night club in Berlin. Photo: DPA

In a case that could have an impact on clubs up and down the country, 47-year-old Nils Kratzer is challenging a nightclub’s door policy in the Federal Court in Karlsruhe on Thursday, arguing that a bouncer’s decision to turn him away at the door was discriminatory.

The incident occurred when Kratzer tried to get into an open air club night on the Praterinsel, a small island on the river Isar in Munich in 2017.

“I’ve never had anyone tell me to my face that I’m too old for a festival,” Kratzer said before the hearing. “On the contrary, I’ve often gone to festivals nationwide with my friends in the past and all ages have been represented.”

READ ALSO: ‘Alone Together’: How I had an unexpected night out at a German online bar

The club makes no bones about the fact that it told its bouncers to discriminate at the door, but argues that this was based on “optics” and not on age. It argues that, given that there was only space for 1,500 guests, it needed to discriminate on some grounds.

If Kratzer were to win the case, which he is basing on anti-discrimination laws introduced in 2006, it would force all German night clubs to review their door policies, as a ruling by a federal court sets a legal precedent.

But Kratzer has already failed to convince a Munich city court and a Bavarian state court of his case. At the Munich city court, he called his younger girlfriend to testify in order to establish his youthfulness.

Nils Kratzer. Photo: DPA

He also complained that Munich clubs have a culture of discrimination at their doors, saying one had turned him away for being a man, while he had also witnessed people being turned away based on their skin colour.

“Not all unequal treatment is discrimination,” argues Sandra Warden from the German Hotel and Restaurant Association. “Event organisers are free to decide whom they let in. The host’s right to decide is protected in our country.”

Warden said that clubs often discriminate based on age, such as at Ü-30 parties, ones where only people over the age of 30 are allowed to enter.

READ ALSO: German court declares techno to be music

SHOW COMMENTS