Apple defying Chinese court’s patent injunctions, claims Qualcomm
Apple is continuing to infringe Qualcomm’s patents despite recent injunctions issued by the Fuzhou Intermediate People’s Court in China, according to the semiconductor company.
Qualcomm said Apple remains in violation of its IP despite an iPhone software update intended to address the Chinese court’s concerns, as reported by Reuters on Monday, December 17.
Qualcomm had claimed that certain iPhone devices infringe two patents relating to software features for switching between applications on a smartphone, and image resizing.
The Fuzhou Intermediate People’s Court ruled on the matter on November 30, granting two preliminary injunctions against Apple to prevent the unlicensed import and sale of the infringing devices.
However, it was unclear whether the injunctions would impact the availability of iPhones in China.
Last week, in a statement sent to WIPR, Apple said: “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.”
Although media outlets reported that the decision only applies to iPhones running older versions of the iOS operating system, Reuters—which has obtained a copy of the court’s orders—said that the judgment makes no mention of operating systems and refers only to software features.
On December 14, Apple announced that it would introduce an iPhone software update which would “address any possible concern” about its compliance with the Chinese court’s orders.
But Qualcomm said that Apple remains in violation of the injunctions, despite the software update.
Speaking to WIPR, Don Rosenberg, general counsel of Qualcomm, said: “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.
“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 added.
He claimed that Apple’s statements following the decision are “deliberate attempts to obfuscate and misdirect”.
The ruling comes as the latest development in a legal dispute between the two companies, which are engaged in patent litigation in courts around the world.
The dispute started in January 2017, when Apple accused Qualcomm of abusing its monopoly in the mobile device market to gain unfair royalties.
Last week, the US International Trade Commission announced that it will partially review an administrative law judge’s decision not to issue a limited exclusion order against Apple despite finding it had infringed a Qualcomm patent.
In September, Qualcomm accused Apple of stealing its trade secrets and providing commercially sensitive information to rival microchip maker Intel. That claim was made in a case filed with the Superior Court of California, County of San Diego.
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