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Apple remains in violation of Chinese court order after Despite Software Update to Remove Patented Features, Qualcomm says

Apple released iOS 12.1.2 with bug fixes for eSIM as well as to address the patents involved in its Qualcomm legal battle. However, Qualcomm says that Apple “continues to flout the legal system by violating injunctions,” despite today’s iOS update.

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 last week said that “based on the iPhone models” currently offered in China, that it believed it was in compliance with the court’s order, but a software update was planned anyway to address “the minor functionality of the two patents at issue in the case.”

Apple did not clarify why it believes it is in compliance with the order, but several sites have speculated that devices running iOS 12 do not include the infringing features. That’s not clear, however, as Reuters said that operating systems are not mentioned in the court order.

Qualcomm says that regardless of any software update, Apple is violating the court’s ruling by continuing to sell the iPhones without explicit permission allowing it to do so. “They are legally obligated to immediately cease sales, offers for sale and importation of the devices identified in the orders and to prove compliance in court,” Rosenberg told Reuters.

In response, Apple reiterated previous comments that it is in compliance with the order. Apple has not stopped selling any of its devices in China to date.

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