The Fuzhou Intermediate People’s Court in China has granted Qualcomm's request for two preliminary injunctions against four Chinese subsidiaries of Apple Inc. The affected Apple products are the iPhone 6S, iPhone 6S Plus, iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus and iPhone X. The patents at issue enable users to adjust and reformat the size and appearance of photographs, and to manage applications using a touch screen when viewing, navigating and dismissing applications on their phones. I have not seen the order, but Apple is saying that the injunction only includes older versions of iOS. This is a developing issue and I will provide information as I receive it. What is clear, though, is that because this is a preliminary injunction, the injunction should NOT be stayed pending appeal. Also, there may be some political issues at play because whereas Qualcomm has paid its dues in China, Apple has never been a friend of China. One need only consider that Qualcomm is a supplier to some of the most important companies in China, whereas Apple is a competitor to those same companies. FYI: Here is a good article on some of the details as they are known to Reuters. Stay tuned - this one is big and could get bigger. I need to go now because I have to go file a bunch of cases in Fuzhou!
Vincent Balardi
1/4/2019 12:07:25 am
I am a Quacomm Investor and just started following your excelllent legal insights.with regard to Chinese IP enforcement.
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Welcome to the China Patent Blog by Erick Robinson. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. China is leading the world in growth in many areas. Patents are among them. So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.
AuthorErick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US. Categories
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