“Days before the sudden settlement between Apple and Qualcomm, a German appeals court had preliminarily annulled the latter’s most significant courtroom victory over the former, as I found out today,” Florian Mueller writes for FOSS Patents.
“After months of briefing and in-depth analysis, the Oberlandesgericht München (Munich Higher Regional Court) granted a motion by Apple to stay the enforcement of a Germany-wide patent injunction Qualcomm had obtained from the Landgericht München I (Munich Regional Court). Apple had worked around that injunction anyway, and its effects were as minimal as they were short-lived,” Mueller writes. “But the implications for patent enforcement in Germany — a sizable market in which injunctions have so far (change may be coming soon) been granted as a near-automatic legal remedy.”
“Now, after almost four months, there’s justice. Apple’s lead counsel in this action, Hoyng Rokh Monegier’s Klaus Haft, who is regarded as one of Germany’s best patent litigators, brought a motion back in December asking the appeals court, the Munich Higher Regional Court, to stay the enforcement of Qualcomm’s injunction pending the appeal. That appeal won’t be resolved anymore after yesterday’s global settlement,” Mueller writes. “Nut I’ve been able to receive official confirmation from a spokeswoman (an appellate judge in her main capacity) for the Munich Higher Regional Court that Mr. Haft’s motion had been granted because Presiding Judge Konrad Retzer’s panel of three appellate judges determined (on a preliminary basis since a final appellate opinion would require full-blown appellate proceedings) that the lower court had erred in three ways.”
Read more in the full article here.
MacDailyNews Take: Sham goes down in defeat once again.
German court stays Qualcomm patent infringement suit against Apple; patent-in-suit likely invalid – February 26, 2019
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South Korean Supreme Court upholds $242 million antitrust judgement against Qualcomm – February 12, 2019
Bad news piles up for Qualcomm in Apple dispute – February 10, 2019
Apple wins damages ruling against Qualcomm – February 5, 2019
U.S. FTC: Evidence is ‘overwhelming’ that Qualcomm engaged in exclusionary, anticompetitive conduct – January 30, 2019
Leaked emails reveal new reason why Apple went to war with Qualcomm – January 18, 2019
Apple’s COO Jeff Williams delivers blistering testimony on Qualcomm’s ‘onerous demands’ – January 15, 2019
Apple was paying Qualcomm over $1 billion per year in licensing – January 15, 2019