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Tuesday 18 December 2018 9:03 am  |  Updated:  Monday 03 June 2019 3:37 am

Apple still in violation of Chinese court order, insists Qualcomm

Qualcomm has said it believes Apple to still be in violation of a Chinese court order to stop selling certain iPhone models, despite a software update pushed through by the tech giant yesterday.

The Californian company is currently embroiled in an ongoing global dispute with chipmaker Qualcomm, of which the court order is just one of a dozen lawsuits.

Qualcomm said earlier this month that a court in China found Apple had infringed two of its software patents, and ordered an immediate halt on sales of all iPhone models from the 6S to the X. Apple has filed an appeal against the decision, and carried out a software update for these phones "to address any possible concern about our compliance with the order".

"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 general counsel, told Reuters in a statement late last night.

Rosenburg added that yesterday's software update was a "deliberate attempt to obfuscate and misdirect" the court order, and that it must stop selling phones immediately.

Both Apple's iPhone 7 and iPhone 8 remained available for sale on its Chinese website this morning, City PM confirmed.

Legal representation for Apple argued in its appeal last week that continuing to sell the iPhone models does not constitute "irreparable harm" to Qualcomm, a key factor included in the court's injunction. It added that stopping sales would impact its Chinese suppliers, consumers and the tax revenue it pays to authorities.

Apple declined to comment further than its previously-made statements on the case.

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