Qualcomm Attempt for iPhone Ban Questioned by German Judge

Qualcomm and Apple got mixed messages from a German court that’s hearing one of the many patent lawsuits between the technology giants, according to Bloomberg.

Presiding Judge Holger Kircher told the parties at a hearing in Mannheim that the issues in the case aren’t clear cut. Qualcomm hasn’t yet convinced the three judges of any Apple infringement of its intellectual property, while Apple may not be able to invoke antitrust claims as a defense, Kircher said. “It’s all good how you explain the point of this technology to us,“ Kircher told Qualcomm’s lawyers at the hearing. “But the problem is that point isn’t really reflected in the language of your patent.“

That case is the second by Qualcomm aimed at securing a quick victory in Germany, a jurisdiction with a reputation of swiftly granting injunctions to patent holders. In June, the same judges stayed a similar case to allow the European Union Patent Office to rule on the validity of the IP. The current case is less likely to be stayed, Kircher said.

Kircher said he and his colleagues haven’t been swayed by Apple’s claims that Qualcomm misuses its market power by invoking the patent and is trying to force it to resume purchasing chips. The technology at issue isn’t part of an industry standard Qualcomm would be forced to license to Apple under to antitrust rules. Apple also has a way to circumvent the technology and at least some of its subcontractors have licenses, according to the judge.