Published: Sat, December 15, 2018
Tech | By Constance Martin

Apple will update China iPhones to prevent ban, but Qualcomm still fighting

Apple will update China iPhones to prevent ban, but Qualcomm still fighting

Earlier this week, Qualcomm asked the Chinese government to ban the sale of some iPhone models in the country.

"I think that Qualcomm and Apple, they always have those IP litigations to try to force the other side to make concessions". In order to overcome this scenario in China, the Cupertino giant is now set to push a new update to old iPhones starting early next week.

"They are legally obligated to immediately cease sales, offers for sales and importation of the devices identified in the orders and to prove compliance in court", said Qualcomm general counsel Don Rosenberg in a statement to Reuters. Qualcomm has now filed a plea to Chinese courts requesting another injunction against Apple's newest handsets, the iPhone XR, Xs, and Xs Max.

On Monday the Fuzhou Intermediate Peoples Court in China banned the import and sale of select iPhones due to a lawsuit between Qualcomm and Apple.

"This is what Qualcomm needed to get some leverage to try to get Apple to finalize a deal", said Mike Walkley at Canaccord Genuity LLC.

Apple to update iPhone software after threat of China ban
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The ban as it now stands means the iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone 6s Plus, and iPhone 6s can't be sold in China. Apple is claiming that iOS 12 does not infringe on either of the two patents at the core of the latest dispute with Qualcomm.

But Apple isn't ready to capitulate to Qualcomm's demands. However, Apple believes it can overcome the ban with a software update. If this comes to pass, it would be an enormous win for Qualcomm in its years-long fight with Apple over alleged patent licensing infringement.

In addition to the Chinese case, it's filed complaints against Apple in Munich and Mannheim, Germany, and lodged another one with the U.S. International Trade Commission in Washington.

"Apple will be forced to settle with the Respondent, causing all mobile phone manufacturers to relapse into the previous unreasonable charging mode and pay high licensing fees, resulting in unrecoverable losses in the downstream market of mobile phones".

We can only assume that next week we will learn whether the Chinese courts will grant Apple some leniency in this case.

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