Apple success in Chinese patent row
Written by Ellis Sweetenham on 27 March 2017« Return to Reading Room
A patent dispute threatening to stop Apple being able to sell the iPhone 6 or 6 Plus in China has been concluded with a win for Apple.
Claiming the two iPhone models infringed the design of their 100c smartphone, Chinese company Baili successfully sought a ban on the sale of the 6 and 6 plus in China by both Apple and a local reseller Zoomflight. The ban was imposed by the Chinese patent regulator.
Seeking to overturn this, Apple made an application to the Chinese court stating there has been no infringement. Apple also were seeking to strip Baili of the patent on which the whole case was based.
While the application to remove the patent was refused, Apple succeeded in their claim that the iPhone 6 and 6 Plus did not infringe the 100c. The court held that that the iPhone models did not infringe the patents owned by Baili as the public could easily distinguish between the Apple phones and 100c.
In addition, the Beijing Intellectual Property Court considering the case stated that there had not been enough evidence filed to show that the patented design had been infringed. This ruling was in relation to the Beijing Intellectual Property Office.
Apple sales were allowed to continue throughout the case so the ruling has given the green light for the sales to continue.
The Beijing IPO and Baili are considering an appeal so the case might not be over but for now the sales will continue.
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