Qualcomm Inc and Apple Inc, embroiled in a global fight over royalty fees, got mixed messages from a German court that is hearing one of the many patent lawsuits between the technology giants.
Qualcomm is seeking a ruling that Apple’s iPhone violates its patents and should be banned from Europe’s biggest economy.
On Tuesday, presiding judge Holger Kircher told the parties at a hearing in Mannheim, Germany, that the issues in the case are not clear cut.
Qualcomm has not yet convinced the three judges of any Apple infringement of its intellectual property, while Apple might not be able to invoke antitrust claims as a defense, Kircher said.
Qualcomm contends Apple smartphones with Intel Corp chips infringe two patents granted for technology to improve the performance of devices by switching electronic signals on and off multiple times each second.
“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.”
Courts in the US, Europe and China are being pulled into the patent fight over fees for chip technology.
Apple has pushed its contract manufacturers to stop paying royalties to Qualcomm and has turned to Intel for supply of chips in its newest models.
Qualcomm filed patent suits with the International Trade Commission to stop the devices from entering the US and nine cases are pending in Germany.
Historically, Qualcomm has charged a percentage of the sales price of each device.
Apple no longer wants to accept that model, saying that Qualcomm profits from price increases that are not related to its technology, but rather to assets developed solely by the iPhone maker.
Tuesday’s 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 EU Patent Office to rule on the validity of the intellectual property.
The current case is less likely to be stayed, Kircher said.
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