Apple Inc violated the design patents of a Chinese device maker and may have to halt sales of its latest iPhones in Beijing, the city’s intellectual property authority ruled, handing the US company its latest setback in a pivotal market.
The iPhone 6 and iPhone 6 Plus infringe on Shenzhen Baili’s (深圳佰利) patent rights because of similarities to its 100C phone, the Beijing Intellectual Property Office wrote in its decision.
Apple, whose iconic gadgets helped define the modern smartphone industry, did not respond to requests for comment.
Photo: AP
The company can appeal the ruling and could be allowed to continue selling its smartphones during the process.
While the decision covers only Beijing, future lawsuits against Apple could cite the case as a precedent, potentially influencing the outcomes of litigation elsewhere in China.
Apple, which is expected to introduce its next-generation iPhone in the fall, can try to stave off a sales ban by appealing in several venues, including the Beijing Higher People’s Court and the Supreme People’s Court, Bird and Bird LLP (鴻鵠律師事務所) partner and IP specialist Ted Chwu (儲開泰) said.
“If the position by the Beijing IP office is upheld and Apple doesn’t appeal further, then in theory they wouldn’t be able to sell the iPhone 6 and iPhone 6 Plus,” he said.
The ruling by the agency — which administers matters involving patents in Beijing — is the latest in a series of setbacks for Apple in its largest market after the US. Its book and movie services were blocked in April for violating foreign publishing regulations.
In 2013, state media accused the company of shoddy customer service and inadequate warranties, prompting an apology from chief executive officer Tim Cook.
Last month, it lost its fight to keep the “iPhone” exclusive to its products after a Beijing court ruled that a little-known accessories maker can use the label for a range of wallets and purses. And in 2012, Apple paid US$60 million to Proview International Holdings Ltd (唯冠國際) to settle a dispute over the right to the iPad name in China.
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