Ericsson has been granted a preliminary injunction by a court against Apple. This prevents the company’s ability to import, market, or advertise certain iPhone 12 and iPhone 13 models.
Ericsson has been granted a preliminary injunction by a Colombian court against Apple. This prevents the company, its subsidiaries, and partners from marketing and importing certain iPhone 12 and iPhone 13 models with 5G connectivity.
GSM Arena reports that this is Ericsson’s first major victory since the companies renewed their legal battles earlier in the year. This dispute involves licensing payments for certain 5G Standard-Essential Patents. Apple recognizes the patents’ authenticity, but feels Ericsson is charging too high for them.
This preliminary injunction, which Apple is fighting, means that the iPhone 12 series and iPhone 13 series must be stopped in Colombia.
The judge ordered the local customs to stop imports of these items. Apple was also directed to contact offline and online businesses as well as social media platforms to stop selling or advertising the iPhones/iPads currently on the market.
The Colombian court also issued an “anti anti suit injunction.” This injunction prevents Apple from using a court of another country to force Ericsson to relax the Colombian import and sale ban. Ericsson can also request a US court to punish him.
Apple’s lawyers instead request “antisuit damages” in Texas’ Eastern District. Chief Judge Rodney S. Gilstrap will order Apple to pay any fees, fines, or costs resulting from the injunction by the Colombian court.
Apple tried to argue that Colombia has no 5G networks and that an injunction against a purportedly 5G-essential technique patent can’t be enforced until such time as a Colombian 5G network is available.
The judge in Colombia disagreed. He said that the tablets and phones could infringe the patent during trials of local 5G networks and when a local carrier launches their next-generation network.
Trials started in 2020 and Colombia’s first 5G network will be online by the end this year. This is according to GSM Arena.
Colombia isn’t a major market for Apple in any case. If this is the first falling domino, Apple could be in serious trouble and will need to pay Ericsson’s patent fee. According to reports, Apple pays less that USD15 in SEP royalties per iPhone, which is about 2% of the cost of a new iPhone.
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