Qualcomm attempts to get the iPhone XS and XR banned in China


Apple made a statement to Reuters, stating that the software "updates" will be released to the affected devices in China next week. However, Apple's newest models, the iPhone XS and XR, were not covered by the ban because they had not yet been introduced when Qualcomm filed its lawsuit late past year. Currently, all the models of the iPhone are available in China.

Nikkei Asian Review reports from its sources that Apple could also seek to minimize liabilities if the ban is enforced by reducing reliance on assemblers Foxconn and Wistron and turning to Pegatron - Qualcomm confirmed that the ODM apparently had apparently licensed the patents in question on behalf of Apple.

The iPhone maker said the planned update would address features covered by patents, which involve adjusting photographs and managing apps via a touchscreen.

"We respect the Fuzhou court and its ruling", said Apple in the statement.

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Qualcomm has countered that Apple is using its intellectual property without paying for it and that the legal cases are aimed at forcing it to lower licensing charges. Qualcomm has not provided us with details of the specific patents Apple has infringed, but software patents often cover broad, vaguely worded concepts, leaving it open to interpretation which software might infringe them.

While iPhones remain on store shelves pending a decision on Apple's appeal, a negative outcome could affect its sales in the world's biggest market for smartphones and benefit local rivals like Huawei and Xiaomi.

Despite Apple's claims that specific iOS versions do not infringe upon patents, Qualcomm is still seeking an injunction against the iPhone XS, iPhone XS Max, and iPhone XR which all ship with iOS 12 installed. At the same time, Apple filed a request for reconsideration with the court which invoked the preliminary injunction.

Apple has asked a Chinese court to reconsider the ban. After bringing suit against Apple past year in an effort to ban iPhone sales in the U.S., Qualcomm came under fire from companies such as Intel for anti-competitive behavior. But it looks like the chipmaker is hell bent on preventing Apple from selling any iPhone in the country.