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

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.

qualcomm iphone 7
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.

"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 Reuters in a statement on Monday.

"Apple's statements following the issuance of the preliminary injunction have been deliberate attempts to obfuscate and misdirect," Qualcomm's Rosenberg said in a statement on Monday.

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:

The ban would cost Apple millions of dollars a day and affect both the Chinese government and consumers, the company added, noting it has created 5 million jobs in China across the supply chain and third-party software developers.

The Chinese government "may suffer hundreds of thousands of tax losses" from the iPhone ban because of lost taxes from sales of the devices, the company also said, citing estimates of 50 million units sold in the country in 2017. [...]

"Apple and many other companies, consumers, and government will suffer truly irreparable harm," the company said in the filing.

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.

Popular Stories

iPhone 17 Pro Dual Tone Feature 1

iPhone 17 Pro Launching Later This Year With These 8 New Features

Thursday January 9, 2025 5:45 am PST by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. iPhone 17 Pro concept based on rumors Below, we recap key changes rumored for the iPhone 17 Pro models as of January 2025: More aluminum: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models ...
airpods pro 2 botw

Hearing a Mysterious Chime From Your AirPods Pro Case? It's a Feature

Thursday January 9, 2025 3:42 pm PST by
If you've been hearing a chiming sound from your AirPods Pro 2 case when the AirPods are charging, it's a feature that Apple added with the launch of Hearing Health last year. In a support guide, Apple says that the AirPods Pro may play a sound every so often while in the case to ensure the microphones and speakers are working as intended. From Apple: To help ensure that your AirPods...
iPhone 17 Pro Dual Tone Horizontal 1

iPhone 17 Pro Main Camera Sensor 'Smaller' Than iPhone 16 Pro Sensor

Friday January 10, 2025 3:14 am PST by
This year's iPhone 17 Pro models will feature a smaller main camera sensor than the one used in the Fusion camera currently found in iPhone 16 Pro models, according to Weibo-based leaker Digital Chat Station. The Chinese leaker claims that Apple will adopt a 1/1.3" sensor for the 48MP main camera in the iPhone 17 Pro and iPhone 17 Pro Max, down from the 1/1.28" sensor used in the iPhone 16...
se 4 for 2025

When to Expect the iPhone SE 4 or So-Called 'iPhone 16E' to Launch

Friday January 10, 2025 9:20 am PST by
Apple is widely rumored to be planning a new iPhone SE, and multiple sources lately have commented on the device's launch timing. The latest word comes from Apple supply chain analyst Ming-Chi Kuo. In a blog post today, he said the device will be released around the middle of the first half of 2025. In other words, around the quarter mark of 2025. That means the next iPhone SE will likely be ...
AppleEventLogoFeature

Apple Focusing on These Eight New Low-Cost Devices in 2025

Saturday January 11, 2025 1:00 am PST by
Apple's slate of 2025 products look to be dominated by a large number of low-cost and entry-level devices. Here's what to expect. With advancements like Apple Intelligence and all-new in-house chip designs, Apple is reportedly looking to enhance many of its budget-friendly offerings, ensuring they remain competitive in an increasingly crowded market. These updates also indicate a slight...
HomePod mini and Apple TV

New Apple TV and HomePod Mini Launching This Year With One Thing in Common

Wednesday January 8, 2025 6:18 am PST by
It was recently reported that new Apple TV and new HomePod mini models will launch this year, and the devices are expected to have one thing in common. Bloomberg's Mark Gurman last month reported that the new Apple TV and the new HomePod mini will be equipped with Apple's own combined Wi-Fi and Bluetooth chip. Gurman said the chip supports Wi-Fi 6E, so that could end up being a key upgrade...
apple intelligence black

Apple Intelligence Isn't Driving iPhone Upgrades

Friday January 10, 2025 2:17 pm PST by
Apple Intelligence hasn't convinced people to buy an iPhone 16, Apple analyst Ming-Chi Kuo said today. According to Kuo, a supply chain survey suggests Apple Intelligence is not pushing people to upgrade their devices. The delay between the Apple Intelligence introduction in June 2024 and a launch even after iPhone 16 models came out was a contributing factor, and Apple Intelligence "appeal...
apple pay feature dynamic island

Apple Pay Now Lets You Pay Later With Synchrony [Updated]

Friday January 10, 2025 11:34 am PST by
Synchrony is now available as a buy-now, pay-later option when checking out with Apple Pay online and in apps on iPhone and iPad. Synchrony was added to a list of Apple Pay installment providers in the U.S. in an Apple support document that was updated today, joining Affirm and Klarna. The addition was spotted by MacRumors contributor Aaron Perris. iOS 18 and iPadOS 18 users can select...
M6 MacBook Pro Feature 1

5 Reasons to Wait for Next Year's MacBook Pro

Wednesday January 8, 2025 6:33 am PST by
Apple in October 2024 overhauled its 14-inch and 16-inch MacBook Pro models, adding M4, M4 Pro, and M4 Max chips, Thunderbolt 5 ports on higher-end models, display changes, and more. That's quite a lot of updates in one go, but if you think this means a further major refresh for the MacBook Pro is now several years away, think again. Bloomberg's Mark Gurman has said he expects only a small...

Top Rated Comments

Naraxus Avatar
79 months ago
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....
Score: 28 Votes (Like | Disagree)
1144557 Avatar
79 months ago
So salty from losing the modem deal in iphones. Funny how iphones are "suddenly" violating this patent once Apple kicked Qualcomm to the curb.

And a ruling in China. The leader in true enforcing of IP rights :rolleyes:

https://www.bloomberg.com/news/videos/2018-12-17/qualcomm-is-being-deceptive-in-apple-suit-lawyer-boutrous-says-video
Score: 26 Votes (Like | Disagree)
chinito77 Avatar
79 months ago
I hope that phone makers see how petty Qualcomm is against Apple and decide not to choose them.
Score: 19 Votes (Like | Disagree)
bollman Avatar
79 months ago
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.
Score: 18 Votes (Like | Disagree)
Baymowe335 Avatar
79 months ago
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....
Android is a direct copy of iOS, just as an example of something egregious.

This is petty nonsense.
Score: 11 Votes (Like | Disagree)
pika2000 Avatar
79 months ago
Grabbing some popcorn
Hoping Michael Bay will direct the movie adaptation for some extra explosions.
Score: 10 Votes (Like | Disagree)