Apple will update China iPhones to prevent ban, but Qualcomm still fighting

Qualcomm Now Trying To Have iPhone XS, XR Banned In China As Well

Qualcomm Now Trying To Have iPhone XS, XR Banned In China As Well

And on Friday, Apple told Reuters it would push out a software update to work around Qualcomm's patents, clearing the way for Apple to continue selling all iPhone models in China.

Apple will send software updates to several iPhone models in China to remove features disputed by Qualcomm as illegal. That meant, it said, phones like the newest iPhone XS, iPhone XS Max, and iPhone XR could remain on sale.

In spite of the court injunctions, Apple has not pulled the affected iPhone models from its official online and offline sales platforms in China.

The two Qualcomm patents in dispute in China enable users to adjust and reformat photos and manage applications through touch-based navigating apps on their phones.

"Apple will be forced to settle with the Respondent, causing all mobile phone manufacturers to relapse into the previous unreasonable charging mode and pay high licensing fees, resulting in unrecoverable losses in the downstream market of mobile phones", the iPhone maker said in the December 10 filing to the court.

But Apple isn't ready to capitulate to Qualcomm's demands. However Apple claimed the chip-maker was trying to squeeze an unfair percentage of licensing fees out of the deal, and artificially control the LTE market.

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The two USA companies are locked in a global dispute over licensing fees that Qualcomm charges for use of technology that the chip maker says underpins all modern phone systems.

On Monday, Qualcomm announced that a Chinese court had banned the sale of most iPhone models.

Ultimately, it will be up to the Chinese courts to decide if this future software update will be enough to avoid the sales ban.

Apple argues the injunction should be lifted as continuing to sell iPhones does not constitute "irreparable harm" to Qualcomm, a key consideration for a preliminary injunction, the copy of its reconsideration request dated Dec 10 shows. That victory was somewhat hollow, though, with the ban only affecting iPhones that ran older versions of iOS and in reality, nothing changed.

Apple's reconsideration request also says any ban on iPhone sales would impact its Chinese suppliers and consumers as well as the tax revenue it pays to authorities.

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