Apple has rolled out a software update for older iPhones in China. However, Qualcomm says the Cupertino-based company still violates the Chinese court's order.
On Monday, Dec. 17, Apple confirmed the release of iOS 12.1.2 with bug fixes for eSIM and more importantly, to tackle the sales ban of iPhones in China. Qualcomm, however, claims that Apple is still violating the court's order despite the iOS update.
Qualcomm Says Apple Still Violates Order
According to the largest chip maker, it has not yet received an explicit order from the Chinese court permitting Apple to continue selling the iPhones in China.
"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," Don Rosenberg, Qualcomm's CEO and general counsel, said in his statement to Reuters.
Early last week, Qualcomm revealed that it won the preliminary injunction ordering a sales ban against several iPhone models that use two of Qualcomm's software patents. Rosenberg added that Apple was legally bound to stop sales instantaneously including offers for sale and importation of the devices mentioned in the order. He further said that Apple also needed to prove compliance in court.
Apple In 'Compliance With The Order'
Apple, on the other hand, said the iPhones are currently on sale in China are in compliance with the order, without giving any comment on how or why is it so. According to Apple, all iPhones would still be on sale in the Chinese market despite the preliminary injunction granted to Qualcomm.
"Apple's statements following the issuance of the preliminary injunction have been deliberate attempts to obfuscate and misdirect," Rosenberg stated.
On Dec. 14, Apple said that it would release a software update to its iPhones this week to deal with any potential concern as regards to its compliance with the order. It confirmed that iOS 12.1.2 did carry those changes.
Qualcomm has filed an infringement case against Apple over the use of its patented intellectual property. These software features involve switching between apps on a smartphone and resizing photos before setting them as a wallpaper on a phone.
Apple also sued Qualcomm in January of last year for its illegal monopolistic practices that harm the tech firm and the industry.