CHIPMAKER Qualcomm is asking courts in China to ban sales of Apple’s latest iPhone XS, XS Max and XR smartphones.
The move, first reported by the Financial Times, comes days after Qualcomm won a preliminary injunction that bans the import and sale of the iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X
The Fuzhou Intermediate People’s Court in China sided with Qualcomm’s argument that Apple’s iDevices infringe its patents related to resizing images and using touch-based navigation apps.
“We plan to use the same patents to file suit against the three new iPhone models” Jiang Hongyi, a lawyer at Lexfield Law Offices who is representing Qualcomm, told the Financial Times.
Jiang said additional suits covering Apple’s new iPhone XS, XS Max and XR models were pending in courts in Beijing, Qingdao and Guangzhou.
Apple hasn’t commented on Qualcomm’s latest strike, but the firm essentially ignored the original injunction, arguing that the case only applies to devices running iOS 11. Since all of the models named in the ban can run iOS 12, Apple argues they aren’t infringing on Qualcomm’s patents.
“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.
“All iPhone models remain available for our customers in China. Qualcomm is asserting three patents they had never raised before, including one which has already been invalidated. We will pursue all our legal options through the courts.”
Reuters reports that, in a bid to ensure its iPhones aren’t yanked from shelves, Apple has confirmed that it will push out a software update on at the start of next week “to address any possible concern about our compliance with the order.”
Qualcomm and Apple have been locked in legal battles over patent licensing fees for years. Apple has accused Qualcomm of charging exorbitant licensing fees and disputes the chipmaker’s claim that Apple is legally required to give it a percentage of iPhone sales revenue.
Source : Inquirer