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

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.

iphone 7 8
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.


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.


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.

Top Rated Comments

ryanwarsaw Avatar
25 months ago
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.
Score: 40 Votes (Like | Disagree)
ramallite Avatar
25 months ago
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". :)
Score: 20 Votes (Like | Disagree)
nebo1ss Avatar
25 months ago
Apple need to pay the Qualcomm tax and stop trying to dodge and weave.
Score: 14 Votes (Like | Disagree)
Xenomorph Avatar
25 months ago
Qualcomm may be dicks, but they're still the best. Apple's greed for more money has done nothing but hurt consumers and cause more headache for themselves.

The Intel modems aren't bad, they're just not as good as Qualcomm's.

Intel has made lots of progress, but they still don't perform as well as Qualcomm's offerings. Not only that, but Apple throttled the Qualcomm modems to try and make the difference between them and Intel's modems not so obvious.

Now with the newest product they don't even offer a Qualcomm option.

This all hurts consumers. They're stuck with lower-performing modems, or with a device that simply cannot maintain a connection with the same coverage they had before. At the same time, Apple has also increased the price of their top iPhone models by over 50%.

If Apple had just stuck with Qualcomm, the iPhone XS, iPhone XR, iPhone X, iPhone 8, and iPhone 7 would all have MUCH better modems. They'd all be Qualcomm, they wouldn't be as throttled, and they'd all have the best possible signal and connection.

But nope. Apple obviously needed more money. They spent less on components and raised prices - all the while crying about how much Qualcomm charges.
Score: 13 Votes (Like | Disagree)
justperry Avatar
25 months ago

Qualcomm may be dicks, but they're still the best. Apple's greed for more money has done nothing but hurt consumers and cause more headache for themselves.

The Intel modems aren't bad, they're just not as good as Qualcomm's.

Intel has made lots of progress, but they still don't perform as well as Qualcomm's offerings. Not only that, but Apple throttled the Qualcomm modems to try and make the difference between them and Intel's modems not so obvious.

Now with the newest product they don't even offer a Qualcomm option.

This all hurts consumers. They're stuck with lower-performing modems, or with a device that simply cannot maintain a connection with the same coverage they had before. At the same time, Apple has also increased the price of their top iPhone models by over 50%.

If Apple had just stuck with Qualcomm, the iPhone XS, iPhone XR, iPhone X, iPhone 8, and iPhone 7 would all have MUCH better modems. They'd all be Qualcomm, they wouldn't be as throttled, and they'd all have the best possible signal and connection.

But nope. Apple obviously needed more money. They spent less on components and raised prices - all the while crying about how much Qualcomm charges.

Or,....just maybe they are fed up with Qualcomm unfair pricing/shady practices.
Score: 8 Votes (Like | Disagree)
Osamede Avatar
25 months ago
It’s laughable that Apple is making money hand over fist ...but claims that “Qualcomm’s business model would harm consumers”.

Like what we are supposed to believe that Apple would lower prices, as opposed to taking the money right into profits.

Sorry but Apple man up and don’t hide behind “consumers” in this battle of the bigwigs.
Score: 8 Votes (Like | Disagree)

Top Stories

Apple Watc black friday 20 sale feature

Apple Black Friday 2020: Best Apple Watch Deals [Updated]

Wednesday November 25, 2020 4:01 pm PST by
Black Friday sales have begun on a variety of products, including the Apple Watch. There are quite a few deals across the Apple Watch lineup this year, including one of the lowest price we've ever seen the Apple Watch Series 3. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the...
AirPods Pro black friday 20 sale feature 2

Black Friday 2020: AirPods Pro Reach Lowest Price Ever [Updated]

Wednesday November 25, 2020 3:22 pm PST by
Black Friday has kicked off this week, and one of the first major sales for the AirPods Pro is available right now on Walmart. You can find this deal below, along with a few other solid discounts on the regular AirPods. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site...
windows 10

Developer Successfully Virtualizes Windows for Arm on M1 Mac

Friday November 27, 2020 7:16 am PST by
Developer Alexander Graf has successfully virtualized the Arm version of Windows on an M1 Mac, proving that the M1 chip is capable of running Microsoft's operating system (via The 8-Bit). Currently, Macs with the M1 chip do not support Windows and there is no Boot Camp feature as there is on Intel Macs, but support for Windows is a feature that many users would like to see. Using the...
General black friday 20 sale feature

Thanksgiving Day Deals Still Available on AirPods, M1 Macs, Apple Watch Series 6, iPads

Thursday November 26, 2020 10:21 am PST by
Black Friday deals seem to start earlier and earlier every year, so there were already a wide variety of discounts available for Apple products on Thanksgiving Day. Many of the deals remain available even after Thanksgiving, but act fast, as inventory quickly fluctuates. Thanksgiving Day Deals on Apple Products — Still Available:AirPods with a wireless charging case remain available for...
iPhone black friday 20 sale feature

Apple Black Friday 2020: Best iPhone Deals

Friday November 27, 2020 12:56 pm PST by
Black Friday is halfway done, but there are still a few deals to shop for on iPhones at carriers like AT&T, Verizon, and T-Mobile/Sprint. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the site running. AT&T Starting with AT&T, you'll find up to $700 off any iPhone 12 when...
13 16 inch macbook pro air trio

Reliable Leaker Suggests Redesigned MacBooks in 2021 Will Include Both Apple Silicon and Intel Models

Wednesday November 25, 2020 9:15 am PST by
Reliable leaker known as "L0vetodream" has today suggested on Twitter that redesigned MacBooks coming in the second half of 2021 will include models with both Apple Silicon chips and Intel processors. The brief Tweet came in response to a MacRumors article from earlier today, which outlined a report from Ming-Chi Kuo claiming that Apple plans to release redesigned MacBook models with Apple ...
iphone trade in store

UK Environmental Committee Says Apple Contributing to 'Throwaway Culture' of 'Short-Lived Products'

Thursday November 26, 2020 7:07 am PST by
Technology companies like Apple are contributing to e-waste by making their products difficult to repair, and charging expensive repair fees, according to a lengthy report published today by the UK Parliament's Environmental Audit Committee. "We were told that Apple glues and solders parts together on their laptops, which makes repairing them very difficult," the Committee wrote in a summary ...
m1 chip macbook air pro

Kuo: Redesigned MacBooks With Apple Silicon to Launch in Second Half of 2021

Tuesday November 24, 2020 7:53 pm PST by
Apple plans to release additional MacBook models with Apple Silicon in the second half of 2021, according to analyst Ming-Chi Kuo, as part of the company's two-year transition away from Intel processors across its Mac lineup. In a research note today, obtained by MacRumors, Kuo said that these MacBook models will feature a new design. Kuo did not specify which models these will be, but he...
mac mini macbook pro macbook air

Apple M1 Hands-On Comparison: MacBook Air vs. MacBook Pro vs. Mac Mini

Monday November 23, 2020 3:40 pm PST by
Apple's M1 Macs are out in the wild now, but ahead of the holidays, you might still be trying to figure out which one to pick up, either for yourself or as a gift for someone else. We've got all three of the new Macs available, so we thought we'd give MacRumors readers a hands-on overview of each machine in our latest YouTube video. Subscribe to the MacRumors YouTube channel for more videos. ...
iPad Pro 5G and Mini LED feature

Rumored 2021 High-End iPad Pro May Feature 5G With mmWave Support

Thursday November 26, 2020 2:14 am PST by
Apple's rumored high-end iPad Pro models to be released next year will be 5G-enabled with mmWave support, according to sources cited by industry publication DigiTimes. Multiple rumors have suggested Apple is planning to release a high-end 12.9-inch iPad Pro with a mini-LED display next year, with the possibility that there will be an 11-inch mini-LED model too, but details beyond that have...