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Qualcomm Demands German Court Fine Apple for Continuing to Sell iPhones After Ban
Qualcomm today filed a motion calling for a German court to levy fines against Apple for not complying with a December import ban barring iPhone 7 and iPhone 8 models from being sold in Germany, reports Bloomberg.
According to Qualcomm, Apple failed to properly recall the banned iPhones from third-party sellers and continued to sell them in some Apple Stores in early January. Qualcomm in early January posted 1.34 billion euros in security bonds to enforce the ban, and Apple pulled its iPhones entirely from the country the next day.
Qualcomm general counsel Don Rosenberg said that Apple "intentionally" defied the court order and continued to sell iPhones in some stores, and that the company "obviously" doesn't consider itself "bound by the injunction."
"Significant fines must be imposed to put a check on that," he wrote in a statement to Bloomberg.
To prove Apple's non-compliance with the order, Qualcomm pointed towards a December press release that Apple has already been forced to retract. In the press release, Apple said that while the iPhone 7 and iPhone 8 models would be unavailable for purchase at its own retail stores, the devices would be available from carriers and third-party retailers.
Qualcomm and Apple have been embroiled in an increasingly tense legal battle since January 2017. Qualcomm has thus far won sales bans on older devices in China and Germany, rulings that Apple is fighting against.
Over the course of the last month, representatives from both companies were in a Northern California court for the Qualcomm v. FTC antitrust lawsuit. The FTC has accused Qualcomm of using anticompetitive tactics to remain the main supplier for baseband processors for smartphones, an argument similar to Apple's.
The Qualcomm/FTC trial wrapped up yesterday, and we are awaiting a verdict from the presiding judge, Lucy Koh, who also handled Apple v. Samsung.
According to Qualcomm, Apple failed to properly recall the banned iPhones from third-party sellers and continued to sell them in some Apple Stores in early January. Qualcomm in early January posted 1.34 billion euros in security bonds to enforce the ban, and Apple pulled its iPhones entirely from the country the next day.
Qualcomm general counsel Don Rosenberg said that Apple "intentionally" defied the court order and continued to sell iPhones in some stores, and that the company "obviously" doesn't consider itself "bound by the injunction."
"Significant fines must be imposed to put a check on that," he wrote in a statement to Bloomberg.
To prove Apple's non-compliance with the order, Qualcomm pointed towards a December press release that Apple has already been forced to retract. In the press release, Apple said that while the iPhone 7 and iPhone 8 models would be unavailable for purchase at its own retail stores, the devices would be available from carriers and third-party retailers.
Qualcomm and Apple have been embroiled in an increasingly tense legal battle since January 2017. Qualcomm has thus far won sales bans on older devices in China and Germany, rulings that Apple is fighting against.
Over the course of the last month, representatives from both companies were in a Northern California court for the Qualcomm v. FTC antitrust lawsuit. The FTC has accused Qualcomm of using anticompetitive tactics to remain the main supplier for baseband processors for smartphones, an argument similar to Apple's.
The Qualcomm/FTC trial wrapped up yesterday, and we are awaiting a verdict from the presiding judge, Lucy Koh, who also handled Apple v. Samsung.
Tag: Qualcomm
[ 53 comments ]
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3 weeks ago
Qualcomm has become irrelevant and they know it, so they are trying to get as much as they can from a former customer. Sad, sad state of affairs.
3 weeks ago
This just looks bad on Qualcomm... Jesus, how long can this go on?
Can apple do anything wrong in some people's eyes?
3 weeks ago
As Apple pulls away from business with Qualcomm, Q will look to inflict as much pain as possible on Apple. Q has been spurned and Q is lashing out. The moves accomplish two things, they punish Apple financially and send a message to other companies that it if they try to move away from the Q this is what will happen to them. My guess is we are anywhere from a quarter to a third of the way through this break up. Q will not go away quietly wishing Apple the best on its endeavors.
3 weeks ago
Screw Qualcomm. Once Apple designs it's own chips completely they won't need anyone else except contract makers like TMSC, Hon Hai (Foxconn) and Hemlock.
3 weeks ago
That's a good point about Facebook and Google. If Apple wants to play hardball about abiding by the letter of the law with those guys, it can't cry about having it done to them by Q.
I really can't envision a situation where A & Q come together in some sort of backslapping Kumbaya moment.
Are we comparing a ToS on Apples App Store for developers with the law of the land that has yet to be trialed.
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Perhaps it is time to buy Qualcomm using the spare change in Tim’s Office couch...
Why when Apple has the talent to do it themselves, look at ARM development on the A series silicone as an example.
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This just looks bad on Qualcomm... Jesus, how long can this go on?
QualComm to Apple we want more money compared to what we negotiate with others. Apple we will pay you the same as you charge others due to fair market value. QualComm, no you pay us more because you are Apple. Apple this settles it we will go with Intel. QualComm trying to play hardball and looses. In the end it hurts the consumer, nothing new here.
3 weeks ago
Perhaps it is time to buy Qualcomm using the spare change in Tim’s Office couch...
3 weeks ago
I hope Apple eventually makes their own modems... and license it for free to any OEM that wants to use it just to kill QC.
License it for free? From apple? We all know this ain’t gonna happen.
3 weeks ago
Hasn't this already been proven false. Actually was getting a steeper discount than others?
Are we comparing a ToS on Apples App Store for developers with
QualComm to Apple we want more money compared to what we negotiate with others. Apple we will pay you the same as you charge others due to fair market value. QualComm, no you pay us more because you are Apple. Apple this settles it we will go with Intel. QualComm trying to play hardball and looses. In the end it hurts the consumer, nothing new here.
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