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Qualcomm Claims Apple is Still Violating Chinese Court Order Despite Software Update to Remove Patented Features

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Qualcomm on December 10 scored a victory in its ongoing legal battle with Apple after winning an import ban on the iPhone 6s through the iPhone X.

The ban was enacted after a Chinese court said that the older iPhones infringe on two of Qualcomm's patents related to resizing and reformatting photos for wallpaper and switching between apps.

qualcomm-iphone-7-800x374.jpg

After the court's ruling, Apple said that the patented features were software related rather than hardware related, and that it would release a software update for iPhone users in China to remove any infringing functionality.

Apple today pushed an iOS 12.1.2 update that presumably includes the promised OS tweaks in China (Apple has not confirmed iOS 12.1.2 includes these fixes), but Qualcomm says that despite the software update, Apple is still violating the Chinese court's order.

In a statement to Reuters, Qualcomm said that Apple continues to "flout the legal system" by violating the injunction and releasing misleading statements about the ruling.
"Despite Apple's efforts to downplay the significance of the order and its claims of various ways it will address the infringement, Apple apparently continues to flout the legal system by violating the injunctions," Don Rosenberg, Qualcomm's general counsel, told Reuters in a statement on Monday.

"Apple's statements following the issuance of the preliminary injunction have been deliberate attempts to obfuscate and misdirect," Qualcomm's Rosenberg said in a statement on Monday.
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Apple last week said that "based on the iPhone models" currently offered in China, that it believed it was in compliance with the court's order, but a software update was planned anyway to address "the minor functionality of the two patents at issue in the case."

Apple did not clarify why it believes it is in compliance with the order, but several sites have speculated that devices running iOS 12 do not include the infringing features. That's not clear, however, as Reuters said that operating systems are not mentioned in the court order.

According to Apple, if the ban is ultimately upheld, it will cause "truly irreparable harm to Apple and other companies," costing millions of dollars a day. From a statement last week:
The ban would cost Apple millions of dollars a day and affect both the Chinese government and consumers, the company added, noting it has created 5 million jobs in China across the supply chain and third-party software developers.

The Chinese government "may suffer hundreds of thousands of tax losses" from the iPhone ban because of lost taxes from sales of the devices, the company also said, citing estimates of 50 million units sold in the country in 2017. [...]

"Apple and many other companies, consumers, and government will suffer truly irreparable harm," the company said in the filing.
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Qualcomm says that regardless of any software update, Apple is violating the court's ruling by continuing to sell the iPhones without explicit permission allowing it to do so. "They are legally obligated to immediately cease sales, offers for sale and importation of the devices identified in the orders and to prove compliance in court," Rosenberg told Reuters.

In response, Apple reiterated previous comments that it is in compliance with the order. Apple has not stopped selling any of its devices in China to date.

Article Link: Qualcomm Claims Apple is Still Violating Chinese Court Order Despite Software Update to Remove Patented Features
 
Article Link
https://www.macrumors.com/2018/12/17/apple-qualcomm-violating-china-import-ban-software-update/
Naraxus said:
Wouldn’t surprise me. It’s typical Apple. Violate patents, get sued, violate patents again go to court again, threaten suing party and claim victim status....
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Except that their court battles are typically not in China.

China isn't too happy with the US right now, with their attempt to extradite the Huawei CFO thru Canada to stand trial.

So it might want to make some sort of example.
 
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Reactions: philbeeney
Force Apple to develop a product that is clear of your patent, and watch them open it to other manufacturers and destroy you. It isn't necessarily a wise business practice to force one of your biggest customers to become independent of you. This will cost Qualcomm more than it does Apple in the long run regardless of what Apple ends up paying in the settlement.
 
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Reactions: wwetech, ZZ9pluralZalpha, HenryDJP and 6 others
I'm a fan of Apple product. I'm just hoping that this kind of threat will force Apple to build better products, however. They're way too laid back now a days.
 
Two American companies fighting over patent disputes in China. Meanwhile Huawei is expected to ship 250 million phones in 2019. You'd think they'd work out their disputes. China doesn't care if two American companies are feuding. That just means their domestic markets create more share.
 
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Reactions: MultiMan, grad, Agit21 and 4 others
I believe there's a special place in hell for patent trolls (along with lawyers in general). Legal speak nonsense, suing companies out of business when they were the ones in the right, etc. May they ALL burn in hell where they belong, whether Apple, Qualcomm or numerous others. NONE want to compete on their actual merits. All want to play "I thought of it first so you can't do it too!" Pure evil scum bags one and all. They all worship money and thus all miss the point of life itself.
 
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Reactions: MEJHarrison, grad, dilbert99 and 2 others
MagnusVonMagnum said:
I believe there's a special place in hell for patent trolls (along with lawyers in general). Legal speak nonsense, suing companies out of business when they were the ones in the right, etc. May they ALL burn in hell where they belong, whether Apple, Qualcomm or numerous others. NONE want to compete on their actual merits. All want to play "I thought of it first so you can't do it too!" Pure evil scum bags one and all. They all worship money and thus all miss the point of life itself.
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Apparently, $7Billions > The point of life.
 
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Reactions: G5isAlive
In either case - I don’t like the fact that a company can threaten a government to side with them by claiming “they’ll lose tax revenue”.

Patents are to protect companies and need to be enforced.

Not saying Apple is infringing still or not but if they are, I hope they fine Apple and force them to pay licensing fees to Qualcomm.
 
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Reactions: danny_w
HiVolt said:
Except that their court battles are typically not in China.

China isn't too happy with the US right now, with their attempt to extradite the Huawei CFO thru Canada to stand trial.

So it might want to make some sort of example.
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Both are American companies anyway, and Apple is far more important to the Chinese economy than Qualcomm. I do not think China will enforce any of this.
 
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