Sales stop in Germany: Apple may not claim that all iPhones are available

The district court of Munich has prohibited Apple to use part of a press release published in December 2018. In this, the company has claimed after a judicially confirmed sales ban for the iPhone 7, iPhone 8 and iPhone X in Germany, the devices are still available from third-party providers. Apple believes that the sales ban applies only to their own Apple stores and their own online shop.

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On the other hand, Qualcomm interpreted the judgment of the day in such a way that Apple had to completely withdraw the affected devices from the market. The chip manufacturer has now reached a preliminary injunction against the Munich district court, which prohibits Apple from using this part of the then press release, as Bloomberg writes.

Indication of general availability is misleading

According to the court, the allegation is misleading that the affected iPhones are still available in Germany. The wording gives the impression that the devices are available indefinitely, which, in the opinion of the court, is not the case. The court follows at least in part the interpretation of Qualcomm.

Directly after the verdict in December 2018, there were various interpretations of the sales ban: Apple believes that the affected iPhones are still available at other retailers. Qualcomm, however, has contradicted this and insisted on a complete ban on sales, which also includes third-party providers.

The decision of the district court of Munich indicates that Qualcomm's interpretation is at least more likely to follow. Apple has filed opposition to the original ruling in December. In another patent dispute between Apple and Qualcomm, however, Apple has recently been getting right. A second sales ban for other iPhone models in Germany, Apple has thus averted for the time being.