Apple remains in violation of Chinese court order after iPhone software update, Qualcomm s...

Posted:
in General Discussion edited December 2018
Despite a software update pushed out to iPhone users in China on Monday, Qualcomm believes Apple remains afoul of a court ruling that found certain models of the handset in violation of two patents.




Last week, Qualcomm scored a major win in its worldwide legal battle with Apple when a Chinese court issued a preliminary injunction against older iPhones for infringing on two software patents.

In response to the sales ban, Apple last Thursday announced plans to issue a software update it believed would address the "minor functionality of the two patents at issue in the case." That update was pushed out to users on Monday, according to reports posted to social media outlets.

Qualcomm in a statement to Reuters intimated the new software does not relieve Apple of the Chinese court order. The chipmaker's general counsel, Don Rosenberg, characterizes the software update and Apple's public comments following last week's decision as "deliberate attempts to obfuscate and misdirect."

"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," Rosenberg said.

Apple representatives speaking on the matter last week implied the court order applies to iPhone models running older versions of iOS. However, a copy of the decision provided to Reuters by Qualcomm focuses on software features and carries no mention of specific operating systems.

Though details not immediately available, it can be assumed that today's iOS update disables or modifies software functions relating to Qualcomm's patents-in-suit. Specifically, the Chinese court found iPhone in infringement of property covering resizing photographs and app management on a touch screen.

While the court sided with Qualcomm, enforcement of the iPhone ban requires time. In a statement to AppleInsider last week, Apple said all iPhone models remain up for sale in China following the court decision.

"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. "We will pursue all our legal options through the courts."

Apple filed a request for reconsideration with the Chinese court last week.

Comments

  • Reply 1 of 15
    d_2d_2 Posts: 55member
    “Allegedly” seems to be an appropriate and needed addition to the title.
    watto_cobra
  • Reply 2 of 15
    kevin keekevin kee Posts: 1,034member
    I agree that it should read: "Apple allegedly remains in violation...' as it was claimed by one side only while evidence is being investigated. This sounds like Apple has been proven guilty regardless of what Qualcomm believes.
    mwhitejbdragonwatto_cobra
  • Reply 3 of 15
    Qualcomm is not alleging, it is saying Apple is in violation. 
    beowulfschmidt
  • Reply 4 of 15
    Qualcomm is not alleging, it is saying Apple is in violation. 
    An allegation is a claim or assertion another party has done something wrong or illegal without proof. Is there proof?
    phillipd76StrangeDayswatto_cobra
  • Reply 5 of 15
    I think the biggest problem these tech companies are having is division. If we all managed a perfect way to unify & work together in sync plus stay pure... we just might see some outstanding results. 
    watto_cobra
  • Reply 6 of 15
    wood1208wood1208 Posts: 1,957member
    If court says IOS 11 noncompliance than it does not extend to IOS 12 Qualcomm knows the upcoming court case in California can go against Qualcomm so desperately trying to make Apple to come to settlement using Chinese court case win to ban iPhones sale in China...
    watto_cobra
  • Reply 7 of 15
    Boy, it would be nice to know exactly what the patent infringement is. Talk about obfuscation... oy vey!!
    watto_cobra
  • Reply 8 of 15
    d_2 said:
    “Allegedly” seems to be an appropriate and needed addition to the title.
    kevin kee said:
    I agree that it should read: "Apple allegedly remains in violation...' as it was claimed by one side only while evidence is being investigated. This sounds like Apple has been proven guilty regardless of what Qualcomm believes.
    That's more or less what the headline says.
    Apple remains in violation of Chinese court order after iPhone software update, Qualcomm says
    That means the same thing as: Qualcomm says Apple remains in violation of Chinese court order after iPhone software update

    That's also fairly common phrasing for headlines - a claim followed by a comma and then indication of who is making the claim.
    StrangeDays
  • Reply 9 of 15
    gatorguygatorguy Posts: 20,584member
    wood1208 said:
    If court says IOS 11 noncompliance than it does not extend to IOS 12
    If that's what the court had said you might be correct. They didn't. The ban was against iPhones produced by Foxconn and did not include Pegatron-built ones even tho they ran the identical software. The AI article points that out. 
    edited December 2018
  • Reply 10 of 15
    Qualcomm is not alleging, it is saying Apple is in violation. 
    An allegation is a claim or assertion another party has done something wrong or illegal without proof. Is there proof?
    AI is quoting Qualcomm, or at least summarizing what they said.  If Qualcomm didn't use the the word "alleged", the the quotation/summary shouldn't either.
    edited December 2018
  • Reply 11 of 15
    Francules said:
    I think the biggest problem these tech companies are having is division. If we all managed a perfect way to unify & work together in sync plus stay pure... we just might see some outstanding results. 
    Are you a Miss Universe pageant?
    watto_cobra
  • Reply 12 of 15
    MplsPMplsP Posts: 1,358member
    Allege (v.): claim or assert that someone has done something illegal or wrong, typically without proof that this is the case.

    By definition, QC is making an allegation, and an allegation is always something someone says. Except for lawyers, people rearely use ‘allege’ in their own statements. In contrast, it is routinely used when reporting on a story to distinguish between a claim that one party is making and an actual court decision.

    As for the article, for me this falls in the same category as “Senator denies having affair with aide.” Of course s/he does. The news would be if s/he actually admitted it. This story isn’t news, it’s expected. The news would have been for QC to say “we’re happy with iOS 12 and are dropping our suit!”
  • Reply 13 of 15
    Sounds to me that Qualcomm is trying to claim that anything that does "X" function is in violation whether or not it uses their software, or system, or hardware, or even methodology.
    watto_cobra
  • Reply 14 of 15
    Qualcomm is not alleging, it is saying Apple is in violation. 
    Until court findings agree, it remains alleged. But saying “says” means the same thing. 
    edited December 2018
  • Reply 15 of 15
    carnegie said:
    d_2 said:
    “Allegedly” seems to be an appropriate and needed addition to the title.
    kevin kee said:
    I agree that it should read: "Apple allegedly remains in violation...' as it was claimed by one side only while evidence is being investigated. This sounds like Apple has been proven guilty regardless of what Qualcomm believes.
    That's more or less what the headline says.
    Apple remains in violation of Chinese court order after iPhone software update, Qualcomm says
    That means the same thing as: Qualcomm says Apple remains in violation of Chinese court order after iPhone software update

    That's also fairly common phrasing for headlines - a claim followed by a comma and then indication of who is making the claim.

    It's a poorly written headline, and saying it's a common practice doesn't make it ok. It's the definition of a "clickbait" headline: report a bold statement, with the qualifier way at the end so it barely shows up when the title is truncated. 

    A more honest headline would be: Apple allegedly remains in violation of Chinese court after software update, according to Qualcomm", or "Qualcom: Apple remains in violation...". Both would more accurately convey the news, no? 
    osmartormenajr
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