Can the upgrade of the iPhone to iOS 12 circumvent the ban? People close to Qualcomm deny it.

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 Can the upgrade of the iPhone to iOS 12 circumvent the ban? People close to Qualcomm deny it.


Can Apples banned mobile phones evade the ban by upgrading the system to iOS 12?

On Dec. 11, a person close to Qualcomm denied the claim to Peng Mei News (www.thepaper.cn), saying that the lawsuit was aimed at products, not operating systems, and that iOS12 also involved controversial patents. Apple will not infringe unless the infringement of Qualcomm patents has disappeared after upgrading the new system.

Previously, it has been said that because Qualcomm sued Apple for patent infringement in Fuzhou Intermediate Court in November 2017, the lawsuit mainly aimed at the old version of iOS 11 system, and the three new Apple machines released in 2018, which were not included in the lawsuit, Apple could evade related patents by upgrading the system.

CNBC also reported that Apple said the controversial patents had not been applied to the latest operating systems in all new iPhones. However, Don Rosenberg, Qualcomms legal adviser, said the temporary ban was not specifically aimed at operating systems loaded into mobile phones.

Up to the time of publication, Peng Meis journalists could not contact the lawyers entrusted by both sides for comment.

The day before, Qualcomm announced that the Fuzhou Intermediate Peoples Court of China had granted Qualcomm two interim injunctions in two lawsuits against four Chinese subsidiaries of Apple, requiring them to immediately stop infringing on Qualcomms two patents, including importing, selling and promising to sell unauthorized products in China. Related products include the iPhone 6S, the iPhone 6SPlus, the iPhone 7, the iPhone 7Plus, the iPhone 8, the iPhone 8Plus and the iPhone X. The two patents in question were previously recognized as valid by the State Intellectual Property Office of China.

Patents in this case enable consumers to adjust and reset the size and appearance of photos, and manage applications through touch screens when browsing, searching and exiting applications on mobile phones. They are two of the patents Qualcomm has disputed with Apple in many countries. However, in the legal battle between Qualcomm and Apple, Qualcomm has not applied for a ban in such a large market.

According to the ruling of Fuzhou Intermediate Court obtained by Peng Mei News, the ruling will be executed immediately after the service of the ruling. The validity of the ruling will last until the effective date of the judgment in this case. If you refuse to obey the ruling, you can apply for reconsideration once within ten days from the date of receipt of the ruling, and the execution of the ruling will not stop during the period of reconsideration.

Jin Weixia, a partner in the intellectual property team of Shanghai Huiye Law Firm, said that the reason why the injunction can be issued in the lawsuit is usually based on the fact that the court is more likely to think that the infringement is justified and that the subsequent patentee is more likely to win in the infringement lawsuit.

On the evening of Dec. 10, Apple responded that Chinese consumers could still buy all models of the iPhone. Apple also said it was another desperate move by Qualcomm to try to ban the sale of our products. On December 11, Apple announced that it had filed a review with the court on Monday, the first step in its appeal against the preliminary injunction.

Source of this article: Peng Mei News Responsible Editor: Yao Liwei_NT6056