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

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Dec 17, 2018.

  1. MacRumors macrumors bot


    Apr 12, 2001

    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.


    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.
    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:
    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
  2. jk1211, Dec 17, 2018
    Last edited: Dec 17, 2018

    jk1211 macrumors 6502

    Sep 13, 2018
  3. Glideslope macrumors 603


    Dec 7, 2007
    A quiet place in NY.
  4. pika2000 macrumors 601

    Jun 22, 2007
    Grabbing some popcorn
    Hoping Michael Bay will direct the movie adaptation for some extra explosions.
  5. Baymowe335 macrumors 68040

    Oct 6, 2017
    They are powerless to stop Apple. Take the L, Qualcomm and move on.
  6. gixxerfool macrumors 6502a


    Jun 7, 2008
    Qualcomm seems petty at this point. Got what they wanted then said no that’s not right either.
  7. Naraxus macrumors 6502a


    Oct 13, 2016
    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....
  8. Baymowe335 macrumors 68040

    Oct 6, 2017
    Android is a direct copy of iOS, just as an example of something egregious.

    This is petty nonsense.
  9. HiVolt macrumors 6502


    Sep 29, 2008
    Toronto, Canada
    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.
  10. chinito77 macrumors member


    Nov 2, 2015
    I hope that phone makers see how petty Qualcomm is against Apple and decide not to choose them.
  11. Spoon! macrumors 6502


    Dec 9, 2018
  12. notabadname macrumors 65816


    Jan 4, 2010
    Detroit Suburbs
    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.
  13. alien3dx macrumors 6502a


    Feb 12, 2017
    BOTH from linux/unix.. :D
  14. fyun89 macrumors 6502

    Oct 3, 2014
    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.
  15. Morgenland macrumors 6502


    May 28, 2009
    Never seen that GUI there before. Troll!
  16. darksithpro macrumors 6502a

    Oct 27, 2016
    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.
  17. MagnusVonMagnum macrumors 603


    Jun 18, 2007
    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.
  18. whohasaquestion macrumors 6502a

    Sep 17, 2011
    Apparently, $7Billions > The point of life.
  19. unplugme71 macrumors 68030

    May 20, 2011
    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.
  20. bollman macrumors regular

    Sep 25, 2001
    Lund, Sweden
    I would not really call Qualcomm a "patent troll". Their R&D-budget is rather large, $1.4 billion per quarter.
    If it's ok for Apple to defend rounded corners, I certainly think it's ok for Qualcomm to defend their IP.
  21. unobtainium macrumors 68020

    Mar 27, 2011
    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.
  22. 4nNtt macrumors 6502

    Apr 13, 2007
    Chicago, IL
    Patents for resizing images and switching apps... I see that China’s patent system is as bad as ours.
  23. Michael Goff macrumors G5

    Michael Goff

    Jul 5, 2012
    So you think Android phone makers should give their users a worse experience?
  24. swm macrumors regular

    May 29, 2013
    how do they know? - that is the real question
  25. mdriftmeyer macrumors 68030


    Feb 2, 2004
    Pacific Northwest
    NeXTSTEP predates Linux by a long shot and it's FreeBSD UNIX, just like macOS and iOS.

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