Apple Says China iPhone Ban Would Force Settlement With Qualcomm

Apple to update iPhone software after threat of China ban

Since the ban went into effect, Apple has argued that it does not apply to any of the iPhones it now sells due to the fact they run iOS 12, not iOS 11.

"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", Apple said in a statement earlier this 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 previous year.

Don Rosenberg, executive vice president and general counsel of Qualcomm, said: "Apple continues to disregard and violate the Fuzhou court's orders". Earlier this week, Qualcomm saw some success in the Chinese courts and got most iPhones banned from sale and import into China due to patent infringement.

Once Apple does push out an iOS update to its Chinese users, Qualcomm is unlikely to change its course of legal action. Particularly, Qualcomm argued that Apple infringed patents on features related to resizing photographs and managing apps on a touchscreen.

Ultimately, it will be up to the Chinese courts to decide if this future software update will be enough to avoid the sales ban.

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The request adds the injunction could force Apple to settle with Qualcomm. According to The Financial Times (via Engadget), Qualcomm is now pushing for the sales ban to also include the Apple iPhone XS, iPhone XS Max, and iPhone XR.

In spite of the court injunctions, Apple has not pulled the affected iPhone models from its official online and offline sales platforms in China.

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 and many other companies, consumers, and government will suffer truly irreparable harm", the company said in the filing. "We will pursue all our legal options through the courts".

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