Apple tries to dodge iPhone sales ban in China with software update

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

Since the ban went into effect, Apple has argued that it does not apply to any of the iPhones it now sells due to the fact they run iOS 12, not iOS 11. This software update is meant to address the patent issues with the iPhones. According to the report from Bloomberg, Qualcomm has asked for sales ban for Apple iPhones XS and iPhone XR post winning preliminary injunction against older models.

If this satisfies the court, Apple would be allowed to continue selling the affected iPhone models, namely the iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X. Even if Apple does force all iPhone users in China to upgrade to the current version of iOS, Qualcomm is still seeking a settlement.

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.

Apple states that, "based on the iPhone models we offer today in China, we believe we are in compliance".

"This is what Qualcomm needed to get some leverage to try to get Apple to finalize a deal", said Mike Walkley at Canaccord Genuity LLC. Well, Apple has prepared to eliminate the infringed features from the iPhones by providing an update.

Originally, Apple claimed the sales ban was irrelevant because the iPhone models in question all run iOS 12, which the company argues fixes the issues revolving around the case.

However, it appears a software update won't appease Qualcomm. The iPhone maker argues the company abuses its position as the biggest supplier of smartphone chips, while Qualcomm counters that Apple is using its intellectual property without paying for it. While the court order doesn't make specific reference to the software of the banned devices, Apple does have a leg to stand on.

But Apple isn't ready to capitulate to Qualcomm's demands. "We will pursue all our legal options through the courts". Interestingly enough, a United States company banning another U.S. company on the foreign ground will boost the domestic competitors even more.

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