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Apple Sued In China For Allegedly Copying iPhone 6 Design
Fortune ^ | Thursday June 16, 2016 3:13PM | by Don Reisinger

Posted on 06/17/2016 10:17:55 AM PDT by Swordmaker

Apple is in a court battle in China that isn’t going so well.

Baili, a Chinese device maker, has sued Apple for allegedly copying its smartphone design in the iPhone 6 and iPhone 6 Plus. A Chinese court recently granted Baili an injunction that would have forced Apple to remove the iPhone 6 line from store shelves. However, Apple quickly appealed the ruling to a higher court, which will allow it to continue selling the iPhone 6 line until that court makes its own ruling on the case.

Gadget site Engadget previously reported on the lawsuit.

The smartphone in question is Baili’s 100C, which sells under the 100+ brand. The device has a somewhat similar design to the iPhone 6 with a big screen, a black bezel around the display, and a thin body. However, Baili’s smartphone also looks rather similar to many other Android-based devices on the market.

According to a posting on Tenna, a China-based e-commerce site, the 100C went on sale in April 2014. Apple’s iPhone 6 and iPhone 6 Plus went on sale in the fall of 2014, which Baili has noted in its argument against Apple.

Oddly, the Baili lawsuit doesn’t include the iPhone 6s or iPhone 6s Plus, though those devices have the same design as the iPhone 6 line.

Winning in a local court in China isn’t necessarily uncommon for Chinese companies. Indeed, several lawsuits by Chinese companies against U.S. technology giants including Apple and Tesla TSLA , haven’t turned out so well in lower courts for the American firms. However, when the cases reach a higher court, they’re often overturned. Exactly why there’s such a difference in rulings across lower courts and higher courts is unknown.

Still, after winning the first case, Baili is on the offensive, forcing Apple to show that its iPhone 6 doesn’t infringe and should remain on store shelves.

If it prevails, Apple’s iPhones will remain on shelves alongside Baili’s. However, an Apple loss could result in Apple being forced to take the iPhone 6 and iPhone 6 Plus out of Chinese stores. Baili might also be entitled to damages, although a court would ultimately decide on the final figure.


TOPICS: Business/Economy; Computers/Internet
KEYWORDS: applepinglist; china; irony; karma; patentinfringement; reapingandsowing

Baili 100+ 100C phone


iPhone 6 which was already in production when the Baili 100C was introduced.

1 posted on 06/17/2016 10:17:55 AM PDT by Swordmaker
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To: Swordmaker

Well, I’ll be danged.

That is obviously an exact copy.

Inside and out.

Give up, Apple, you are strudel.


2 posted on 06/17/2016 10:21:08 AM PDT by Scrambler Bob (As always, /s is implicitly assumed. Unless explicitly labled /not s. Saves keystrokes.)
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To: ThunderSleeps; dayglored
Chinese knock off maker sues Apple for "copying" its design of its latest copy of an earlier iPhone design because Apple's own design is superficially similar to their's but really no different than many other Android knock offs. Design Patent Suit. — PING!


Apple
Ping!

The latest Apple/Mac/iOS Pings can be found by searching Keyword "ApplePingList" on FreeRepublic's Search.

If you want on or off the Mac Ping List, Freepmail me

3 posted on 06/17/2016 10:23:55 AM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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To: Scrambler Bob

Obviously you’ve never dealt with China.
Clearly someone inside Apple’s operation got advanced information.
They did the same things with products Intel was producing.


4 posted on 06/17/2016 10:26:02 AM PDT by Zathras
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To: Swordmaker

LOL. Let’s hope common sense prevails, rather than nationalism.


5 posted on 06/17/2016 10:30:36 AM PDT by dayglored ("Listen. Strange women lying in ponds distributing swords is no basis for a system of government.")
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To: Swordmaker

Well, you can only do so much in a package that size. Apple is famous for their copying expertise. Their logistics and tax dodging is what keeps them in the game, not their software or new ideas.


6 posted on 06/17/2016 10:35:03 AM PDT by ImJustAnotherOkie
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To: Swordmaker
Winning in a local court in China isn’t necessarily uncommon for Chinese companies. Indeed, several lawsuits by Chinese companies against U.S. technology giants including Apple and Tesla TSLA , haven’t turned out so well in lower courts for the American firms. However, when the cases reach a higher court, they’re often overturned. Exactly why there’s such a difference in rulings across lower courts and higher courts is unknown.

Political correctness. It is known... very well. China has a China-first policy. You can expect to lose when you go to court there. It's nice that the higher-ups take a more broad-minded view but that doesn't change the motivation. More than likely, the lower courts are fishing for kick-backs that probably materialize by the time the case reaches the higher courts and the American companies figure out the game.

7 posted on 06/17/2016 10:36:14 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: ImJustAnotherOkie

You forgot the sarcasm tag.


8 posted on 06/17/2016 10:56:57 AM PDT by SoCal Pubbie
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To: SoCal Pubbie

Right...


9 posted on 06/17/2016 11:04:01 AM PDT by ImJustAnotherOkie
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To: ImJustAnotherOkie
Well, you can only do so much in a package that size. Apple is famous for their copying expertise. Their logistics and tax dodging is what keeps them in the game, not their software or new ideas.

Tax dodging? Apple's effective tax rate averages around 27.8%. Compare that to Microsoft's ~18% and Google/Alphabet's 11%, or Amazon's almost non-existent tax rate. As Apple's testimony before a Senate Investigatory committee proved, with its tax returns, in 2012, Apple paid more corporate taxes than any other US corporation and in fact paid $1 out of every $40 of US Corporate Income tax collected that year. It is very similar in other years. The money Apple is accused of "not paying taxes on" in Ireland is money they already OWN, their savings if you will, money they have already paid income taxes on in the jurisdictions where Apple earned it. Ireland merely has the lowest capital gains tax rate in the Western World and is considered a safe place to hold and invest one's holdings, a place where this funds are unlikely to be seized by the local government, yet one can safely invest them at a low tax rate. Low information people, apparently like you, think its about taxes not being paid on the EARNED income. It is not. They want taxes the holdings, an asset tax.

10 posted on 06/17/2016 11:05:29 AM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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To: Swordmaker

Apple deserves this for offshoring production to a country where the rule of law is not worth a bucket of warm spit.

Eventually the Chinese are going to bite the hand that feed them. It is their nature.


11 posted on 06/17/2016 11:06:00 AM PDT by Haiku Guy (New York Senator Kristin Gillibrand will be the next President of the United States)
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To: Haiku Guy

Production is starting to shift to India and even Africa. It may just be a trickle now, without a lot of high tech, but it’s happening.


12 posted on 06/17/2016 11:11:11 AM PDT by SoCal Pubbie
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To: ImJustAnotherOkie

Now you’ve done it and wakened the I-toadies.


13 posted on 06/17/2016 11:38:05 AM PDT by Seruzawa (All those memories will be lost, like tears in rain.)
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To: Swordmaker

So a Chinese company created a knock off and then has the cojones to sue Apple Geezers man


14 posted on 06/17/2016 12:01:50 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Swordmaker

Thanks Swordmaker. I wonder, could it be, FUD from one or more of the people who have been getting ground down because they’d been shorting AAPL?

BRIEF-Apple says iPhone 6 and other models available for sale today in China-CNBC
http://www.reuters.com/article/idUSFWN1990CP

Stocks slightly lower with health care lagging; Apple briefly falls 2%
http://www.cnbc.com/2016/06/17/us-markets.html


15 posted on 06/17/2016 12:08:23 PM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
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To: SoCal Pubbie

No. It’s iPple. An accurate assessment.


16 posted on 06/17/2016 12:24:53 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: MrEdd

Yeah, sure...


17 posted on 06/17/2016 5:00:31 PM PDT by SoCal Pubbie
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Comment #18 Removed by Moderator

To: Zathras

Obviously you’ve never dealt with China.
Clearly someone inside Apple’s operation got advanced information.
They did the same things with products Intel was producing.


Check out the story on the Chinese ‘Chery’. They built a duplicate factory at the same time the GM was building a factory to produce their ‘Chevy’.

http://www.chinadaily.com.cn/english/doc/2004-12/18/content_401235.htm


19 posted on 06/18/2016 4:49:59 AM PDT by The Working Man
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