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Qualcomm says Apple is in violation of the Chinese court, despite the new software

(Reuters) – Qualcomm Inc said the judgment of Apple Inc. remains in breach of any of the Chinese court’s orders to stop the sale of iPhones in spite of a software update that Apple pushed on Monday.

FILE PHOTO: A participant makes use of a new iPhone X during a presentation for the media in Beijing, China October 31, 2017. REUTERS/Thomas Peter/Photo File

Qualcomm on Dec. 10 said it had won a preliminary court ruling in China a ban on Apple from the sale of some older iPhone models, which the court has infringed two Qualcomm software patents. The same day, Apple said that all its phones remained on sale in China.

But on Dec. 14, Apple said that it would push a software update to its iphone this week. The Cupertino, California-based company said that that it is in compliance with the court orders, but that would be an update of the software, “on all potential concerns about the compliance of the order.”

The update was pushed on Monday, Apple confirmed to Reuters.

“Despite Apple’s attempts to downplay the importance of the order and the claims of the various ways in which the address of the breach, Apple apparently continues to flout the legal system by violating the commandments,” Don Rosenberg, Qualcomm’s general counsel, told Reuters in a statement on Monday.

Apple never publicly comment last week about why or how she thought her current iPhones on sale in China met on the court, which involved patents on software functions for switching between apps on a smart phone and size of pictures before them as a wallpaper on a phone.

Various media, including CNBC reported that Apple believed the court orders only applies to iPhones with older versions of its iOS operating system. But the court orders, a copy of which We have provided to Reuters, made no mention of operating systems and focused only on software features.

“Apple’s statements, after the issuance of the preliminary injunction are deliberate attempts to hide and to lead,” Qualcomm Rosenberg said in a statement on Monday.

Qualcomm believes Apple is still in violation of the court’s orders because Apple continues to sell phones, and has not received an explicit command of the Chinese court so to do this.

“They have a legal obligation to immediately cease the sale, offers for sale and importation of the devices that are identified in the orders and to prove compliance in court,” Rosenberg told Reuters in Dec. 14 in a statement.

Asked by Reuters about the Qualcomm declarations, Apple reiterated its earlier statements that it believes it is in compliance with the court order.

Reporting by Stephen Nellis; Editing by Greg Mitchell and Lisa Shumaker

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