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Despite New Software, Apple Violating Chinese Court’s Ban Order, Alleged Qualcomm

Despite New Software, Apple Violating Chinese Court’s Ban Order, Alleged Qualcomm
Despite a software upgrade for its iPhones in China that the US tech giant pushed for recently, the company is still in violation of a Chinese court order banning the sale of some of its iPhones in China, believes Qualcomm Inc.
On December 10, Qualcomm had announced that a court order had been passed by a lower court in China in its favour that banned Apple Inc from selling certain older models of iPhones in the Chinese market because the court was convinced that Apple had violated two software programs that had been patented by Qualcomm. The same day, Apple said that all of its phones remained on sale in China.
However, Apple announced on December 14 that it would ask its iPhone users to upgrade their software. This upgrade would help the company to nullify the two features against which Qualcomm had raised objections of patent violation and thus would be able to avoid the ban order, said the Cupertino, California-based company. According to media statement, Apple said that the  update was pushed on Monday.
“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 the media in a statement on Monday.
There was no official explanation given by Apple about how or why it was confident that the current iPhones that are being sold in China were not violating the court’s order. The software under the scanner are related to features that help in the switching between apps on a smart phone and the resizing of photos by the users before they are set as a wallpaper on an iPhone.
There were a number of media reports from multiple media outlets which stated that the belief of Apple that the ban order from the court was only applicable to those iPhones that were running on the older versions of its iOS operating system. But according to some media reports based on the court order, there was no mention of any of Apple’s operating systems but was completely focused on the software running the features.
“Apple’s statements following the issuance of the preliminary injunction have been deliberate attempts to obfuscate and misdirect,” Rosenberg said in a statement on Monday.
However, since Apple is still continuing to sell its iPhones in the Chinese market, therefore it is violating the court order, believes Qualcomm, which added that the iPhone maker had not been given any official order from the Chinese court that would allow it to legally sell its the products identified in the ban. “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 the media in a statement on December 14.
In reaction to the most recent statement by Qualcomm, Apple referred back to its earlier statements where it had said that it believes that its iPhones were not violating any court order.

Christopher J. Mitchell

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