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German Court Orders Apple to Stop using Misleading and Potentially Deceptive Statements about iPhone Availability

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Patently Apple posted a report back on December 20th titled "Qualcomm Gloats, Apple Appeals and Intel Responds Swiftly to the Verdict in Munich Today" Qualcomm gloated that the Germany Court granted Qualcomm's request for a permanent injuction order Apple to cease the sale, offer for sale and importation for sale in Germany of infringing patents. Then Apple tried to downplay the injunction and put out a press release that the court wasn't happy with.


Apple's Response was: "We are of course disappointed by this verdict and we plan to appeal," Apple said in a statement. "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."


Yesterday Apple was ordered to stop using part of a press release that claims all iPhones would still be available in Germany through phone companies and resellers after it was banned from distributing several versions of the device in the country, reports Bloomberg.


Qualcomm Inc., which won an iPhone ban in December, on Thursday obtained a preliminary injunction stopping its rival from using a statement that Apple distributed to the press in response to the initial ruling. The court said Apple’s release was misleading because the December judgment also ordered Apple to recall the products from resellers, according to a copy of the decision obtained by Bloomberg News.


"The press release is misleading because it contains statements that are at least potentially deceptive about the availability of the goods," the judges wrote. "The statement conveys the impression of unlimited availability."


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