Ap­ple ar­gues for ban on iPhone 6 to be lifted

China Daily (Hong Kong) - - CHINA - By CAO YIN caoyin@chi­nadaily.com.cn

Tech gi­ant Ap­ple ar­gued in a Bei­jing court on Wed­nes­day that its iPhone 6 and iPhone 6 Plus mo­bile de­signs do not copy a Chi­nese prod­uct and should be al­lowed to be sold on the Chi­nese main­land.

On May 10, the Bei­jing In­tel­lec­tual Prop­erty Of­fice halted sales of the iPhone 6 and iPhone 6 Plus be­cause it was be­lieved that the Ap­ple mo­bile phone mod­els in­fringed the de­sign patent of a Chi­nese cell phone model called 100C, pro­duced by Shen­zhen Baili Mar­ket­ing Ser­vice Co.

Yang An­jin, at­tor­ney of the Shen­zhen-based com­pany, said that it ap­plied for the


ban af­ter find­ing that the iPhone mod­els too closely re­sem­ble the 100C. The com­pany had been given a patent for the 100C in July 2014, two months be­fore the iPhone 6 and iPhone 6 Plus were is­sued in China, ac­cord­ing to Yang.

The in­tel­lec­tual prop­erty of­fice said at the time that the dif­fer­ences are too tiny to be no­ticed by av­er­age con­sumers, and or­dered Ap­ple and a re­seller of its prod­ucts in Bei­jing to stop sell­ing the two mod­els.

Yang Pu, Ap­ple’s at­tor­ney, said dur­ing the hear­ing at the Bei­jing In­tel­lec­tual Prop­erty Court that the de­sign of the iPhone 6 and iPhone 6 Plus has 13 dif­fer­ences com­pared with the 100C.

“Av­er­age con­sumers can dis­tin­guish them eas­ily.”

For ex­am­ple, the cur­va­ture of the iPhone model’s two sides is sym­met­ri­cal, “which is com­pletely dif­fer­ent from the Chi­nese prod­uct,” she said. “On this oc­ca­sion, we don’t think we in­fringed any IP right of the Shen­zhen­based com­pany.”

It was not rea­son­able to halt sales of the iPhone mod­els, she added.

The court did not an­nounce a ver­dict af­ter hear­ing the case for al­most eight hours on Wed­nes­day.

The IP dis­pute is the lat­est faced by Ap­ple over the de­sign of its prod­ucts in China.

Ear­lier, Ap­ple also sued a Chi­nese gov­ern­ment depart­ment and a lo­cal com­pany over a patent dis­pute re­lat­ing to Ap­ple’s Siri prod­uct.

In 2012, Ap­ple paid $60 mil­lion to a Shen­zhen-based maker of com­puter screens and LED lights to set­tle a dis­pute over the iPad trade­mark on the Chi­nese main­land.

Av­er­age con­sumers can dis­tin­guish them eas­ily.” Yang Pu, Ap­ple’s at­tor­ney

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