Qualcomms announcement exposed its resentment with Apple to the sun.
Recently, Qualcomm announced that the Fujian Intermediate Peoples Court has granted Qualcomm two interim injunctions against four Chinese subsidiaries of Apple. Apple should immediately stop infringing Qualcomms two patents, including stopping importing, selling and promising to sell unauthorized products in China, involving seven Apple products such as the iPhone? 8? Plus and the iPhone? X.
After a week of fermentation, Apple decided to update its system in response to a possible ban on sales in China. Recently, Apple said in a statement, We always abide by local laws and legal decisions. We respect Fuzhou Court and its ruling. However, Apple emphasizes the compliance of its products.
At present, Apple has filed a reconsideration application with Fuzhou Court to clarify and reconsider their decision.
Yang Zhaoquan, a special member of the Legislative Advisory Committee of the Standing Committee of the Beijing Municipal Peoples Congress, said: The courts decision to stop infringement is a kind of injunction in litigation, not a final judgment, which is a common relief measure to effectively reduce the loss of infringement in patent litigation. Because of the long period from prosecution to final trial, if the infringer is allowed to continue infringing during this period, it may bring immeasurable losses to the infringed party.
Reporters from the Securities Daily learned that at present, several products banned by Apple are still on sale on many mainstream business platforms. Suppliers said they have not received any notice of banning or getting off the shelves.
Distributors can still sell banned mobile phones, some of which sell replacement machines
Securities Daily reporters in Taobao, Jingdong and other e-commerce platforms see that consumers can still buy Apple banned mobile phones.
Several Apple mobile phone suppliers said: At present, there is no notification that Apple products are banned or off the shelves, and the products are sold normally.
Some industry insiders said that although the Court banned Apple from selling the above-mentioned mobile phones, it did not prohibit dealers from selling them. For dealers who have stockpiled, they can still sell mobile phones normally. That is to say, the ban has not yet affected consumerspurchase of Apples mobile phones.
However, some businesses take the opportunity to sell replacement machines on Taobao. A merchants customer service said: Replacement machines refer to mobile phones returned due to quality problems or evaluation machines used by previous users. We can replace new mobile phones from Apples official system. In the process of replacement, we can directly add money to replace other versions. But the result information of replacing official website or inquiry is the previous information of the machine. We support 7 days of refund and 30 days of replacement for 5 years of store insurance.
Apples official stores are also selling the banned machines. Customer service, which claims to be Apples official store, said: We are a direct store, to ensure that you have a brand-new national genuine product that has not been opened and inactivated. All products are sent to you by the warehouse of the original factory, which is the official standard. Our Apple phones are original and genuine with original film, fingerprints, free upgrade and refresh machine recovery, no jailbreak, absolutely not second-hand renovation of Shanzhai assembly machine, to support counter inspection. All Apple phones are original, and serial numbers can be found on Apples official website.
A person familiar with the matter said: Some suppliers of Apple sell widely in the market with replacement machines. The news of the recent banning of Apple mobile phones has aroused consumersattention. It also provides them with the opportunity to sell second phones and problem machines, which is also an internal inventory clearance action. The replacement machine is also prone to problems, usually the official refurbishing machine, is the original brand manufacturers to repair the poor performance of the product, and then re-sell the machine, such machines are easy to re-appear quality problems.
Can we reconsider non-appeal?
Qualcomm and Apple have been working together for a long time, but as their disputes escalate, the two sides have now come to a dead end.
Qualcomm is an American chip company and a chip supplier for Apple Mobile. Recently, Qualcomm pushed Apple to the dock and asked its subsidiaries in China to ban the sale of some Apple phones.
Qualcomm also declared that the ruling did not apply to the honeycomb products commissioned by Apple and made by Heshuo United Technologies Co., Ltd., meaning that the banned Apple products did not include the Heshuo iPhone.
Apple has also responded to this. Apple officials responded that Chinese consumers could still buy all models of the iPhone, saying they had not violated Qualcomms rights and interests and had filed an appeal. At the same time, Apple also returned Qualcomm, saying that this is another desperate move of the company.
However, in a recent announcement, Apple said that it would release a software update for Chinese iPhone users early next week to solve the above problems. Immediately after the courts ruling, we took measures to ensure that we understand and abide by the ruling of Fuzhou Court. Based on the model of the iPhone we currently offer in China, we believe in our compliance. Although the two patents in this case only cover non-major mobile phone functions, in order to address any possible concerns about our compliance, we will release a software update for Chinese? IPhone? Users early next week.
It is understood that Apple has submitted a request for reconsideration. ?
Industry lawyers said that at present, there is no requirement for the court to make a decision within a certain period of time after accepting the application for reconsideration. Sometimes it may last for a long time, and usually in such patent infringement cases, the possibility of successful enterprise reconsideration is not very big.
Some media quoted relevant persons of Fuzhou Intermediate Peoples Court as saying that the patent lawsuit case had been issued a ruling last week. The case belongs to the category of patent injunction, only one instance, no appeal, no second instance. At the same time, the ban will apply nationwide.
In response, Yang Zhaoquan said: Usually, Apple refuses to accept the ruling and can provide real and powerful evidence. It will apply for reconsideration within 10 days from the date of receiving the ruling, but the execution of the ruling will not stop during the reconsideration period. The validity of such rulings will generally be maintained until the legal instruments of final appeal come into force. The case has its own particularity, Apple can reconsider, can not appeal, but the two are not contradictory.
Source: Liable Editor of Securities Daily: Yao Liwei_NT6056