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Qualcomm plans to file for an injunction on the iPhone XS, iPhone XS Max, and iPhone XR in China, which would theoretically prevent the sale of those devices in the country, a lawyer for the company told the Financial Times today.

iphone-xs-vs-xr.jpg

Earlier this week, a Chinese court granted an injunction on older iPhone 6s through iPhone X models in China after it ruled that those devices violated two Qualcomm patents, and the chipmaker now plans to assert those same patents against the latest iPhones amid an escalating legal battle with Apple.

The first Qualcomm patent reportedly enables users to "adjust and reformat the size and appearance of photos," while the second is said to relate to "managing applications using a touch screen when viewing and navigating apps."

In a statement issued following the ruling earlier this week, Apple said all iPhone models remain available for customers in China:
Qualcomm's effort to ban our products is another desperate move by a company whose illegal practices are under investigation by regulators around the world. All iPhone models remain available for our customers in China. Qualcomm is asserting three patents they had never raised before, including one which has already been invalidated. We will pursue all our legal options through the courts.
Apple has continued to sell the affected iPhone models in China because it believes the patent infringement ruling does not apply to iOS 12, leading Qualcomm to call on the Fuzhou Intermediate People's Court to enforce the injunction.

Reports suggest that Qualcomm's latest efforts are an attempt to pressure Apple into settling a long-standing dispute between the two companies, primarily over chip-related licensing fees. Reports also suggest that the iPhone injunction could be politically motivated due to the ongoing US-China trade war.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: Qualcomm Now Seeks iPhone XS and iPhone XR Sales Ban in China as Legal Battle With Apple Intensifies
 

AngerDanger

Graphics
Staff member
Dec 9, 2008
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The first Qualcomm patent reportedly enables users to "adjust and reformat the size and appearance of photos," while the second is said to relate to "managing applications using a touch screen when viewing and navigating apps."
It's amazing how much the patent system sounds like a game of Simon Says. Apple has manufactured machines that manipulate photos and switch applications for decades BUT throw the phrase "using a touch screen" before a feature, and all of the sudden, it's brand new.

qualcomm says.png
 
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alvindarkness

macrumors 6502a
Jul 11, 2009
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Qualcomm aren't seeking bans, they are choosing to curate the phone options in China. Because its the right thing to do, I mean it would be a sin if they didn't.
 
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britboyj

macrumors 6502a
Apr 8, 2009
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The first Qualcomm patent reportedly enables users to "adjust and reformat the size and appearance of photos," while the second is said to relate to "managing applications using a touch screen when viewing and navigating apps."

This is such a blindingly obvious patent with prior art I don't see it standing up at all.
 

78Bandit

macrumors 6502a
Jun 13, 2009
688
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It's amazing how much the patent system sounds like a game of Simon Says. Apple has manufactured machines that manipulate photos and switch applications for decades BUT throw the phrase "using a touch screen" before a feature, and all of the sudden, it's brand new.

Absolutely. Patents should not be issued for things like this. It wasn't that long ago Apple was suing Samsung for using the "swipe to unlock" and "pinch to zoom" gestures. Patent law has gotten ridiculous and is being used to protect generic ideas rather than the specific implementation of those ideas.
 

scottwaugh

macrumors 6502
Jul 22, 2002
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The fact Qualcomm did this after it came out Apple was just going to do their own modems in the future (i.e. Qualcomm doesn't have to beat Intel at Apple, its just never Qualcomm again at Apple) may not be a coincidence.

Might as well already be a ban on the XS and Max in China given how awful those phones are selling there.

I believe that Apple was the biggest selling brand for Singles day there in China (an event much bigger in sales than Black Friday in the U.S.) beating local suppliers even - so they must not be selling too awful (although the local suppliers might want that rumor spread).

https://www.cnbc.com/2018/11/12/ali...e-was-the-top-selling-mobile-phone-brand.html
 

BvizioN

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Mar 16, 2012
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Manchester, UK
Good for Qualcomm, Apple has bullied enough companies over the years

You seem to not have an idea who is bulling on this case. The "smart ass" Qualcomm seem to want a % for every iPhone sold (regardless if they do or they do not have their chips in them) and not for the actual chips. And only for Apple. What a wonderful idea he?? Talk about bulling!!
 

newyorksole

macrumors 603
Apr 2, 2008
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New York.
I think there will be an 'out of court' settlement of an undisclosed amount in the near future between Apple and Qualcomm.

Don’t you think it would’ve happened by now? This has been going on for a whiiiile.

Doesn’t look like they’re settling any time soon.
 

macfacts

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Oct 7, 2012
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You seem to not have an idea who is bulling on this case. The "smart ass" Qualcomm seem to want a % for every iPhone sold (regardless if they do or they do not have their chips in them) and not for the actual chips. And only for Apple. What a wonderful idea he?? Talk about bulling!!

It isn't illegal nor unfair to take a percentage. Apple signed the contract. No one had a gun to Tim's head.
 

ksec

macrumors 68020
Dec 23, 2015
2,204
2,544
While Qualcomm may be winning this battle in the short term, they're just forcing Apple's hand who are now focusing on creating their own. In the end I don't see this working out well for Qualcomm.

Apple will have to paid Qualcomm one way or another. It is not just the 4G/5G SEP, it is patents like this, and many others in Power Management, SoC, GPU etc. Normally Apple will sign cross patents agreement with Intel, AMD, Microsoft etc so effectively they don't sue each other.

Problem is Qualcomm aren't willing to do this deals. And if the Court decide the SEP should be lower than what Qualcomm would like, Qualcomm will just charge more for their other patents.

This will drag on for a very long time. Lawyers should be very happy.
 
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ravenstar

macrumors 6502
Jan 12, 2005
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I think there will be an 'out of court' settlement of an undisclosed amount in the near future between Apple and Qualcomm.

I suspect not. Apple seems pretty determined to put an end to Qualcomm's percentage pricing and double charging schemes. I don't think they'll accept an agreement for anything less than per unit pricing inclusive of license fees unless the courts force something different on them.
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It isn't illegal nor unfair to take a percentage. Apple signed the contract. No one had a gun to Tim's head.

Please read up on FRAND. That changes the playing field significantly.
 
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