Qualcomm Inc said it considers Apple Inc stays in breach of a Chinese court’s requests to quit selling iPhones even though a software upgrade that Apple pushed Monday.
Qualcomm on Dec. 10 said it had won a preliminary court order from China banning Apple from purchasing a few old iPhone models the court found broken two Qualcomm software patents. The identical day, Apple explained that all its phones stayed available in China.
However, on Dec. 14, Apple reported it might push a software upgrade to its iPhones this past week. The Cupertino, California-based firm said it believed that it was consistent with the court orders but it would upgrade its applications “to tackle any potential concern with our compliance with the purchase.”
“Despite Apple’s attempts to downplay the importance of the purchase and its own claims of different ways it will tackle the infringement, Apple seemingly has been flout the legal procedure by dividing the injunctions,” Don Rosenberg, Qualcomm’s general counsel, told Reuters in an announcement on Monday.
Apple never commented on why or how it thought its existing iPhones available in China complied with the court’s order, which worried patents on software features for switching between programs on a wise telephone and resizing photographs before placing them as a background on a telephone.
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Many media outlets, such as CNBC, reported that Apple thought the court’s orders employed only to iPhones running older versions of its iOS functioning system. However, the court’s requests, a copy of that Qualcomm supplied to Reuters, made no reference of working systems and concentrated solely on software attributes.
“Apple’s statements after the issuance of the preliminary injunction have been deliberate efforts to obfuscate and misdirect,” Qualcomm’s Rosenberg said in an announcement on Monday.
Qualcomm believes Apple remains in breach of the court’s orders since Apple continues to market mobiles and hasn’t got an explicit order in the Chinese court permitting it to do so.
“They’re legally obliged to immediately cease sales, offers on the market and importation of those apparatus identified from the orders and also to establish compliance in court,” Rosenberg told Reuters at Dec. 14 at a statement.
Asked by Reuters about Qualcomm’s statements, Apple declared its earlier statements that it considers that it was in compliance with the court order.