Ericsson says that iPhone, iPad, Apple TV, HomePod e smartwatch by Apple infringe his patent EP 28 19 131 B1. According to Juve Patent, the Hague court in the Netherlands has ruled that the patent EP 28 19 131 B1 is not a standard essential patent, but an implementation patent. Therefore, the court had to reject Ericsson’s request and not ban Apple products. Given its importance, the patent is likely to play a role in future lawsuits over Ericsson’s SEP and non-SEP patent portfolios.

Ericsson is alleged to have filed patent infringement proceedings against Apple in at least six jurisdictions, the company has filed suit in the United States (ITC and district courts), Germany, the Netherlands, Brazil, Colombia and the United Kingdom. The argument concerns a seven-year telecommunications patent agreement that was first reached in 2015 and negotiations to renew the license agreement fail.

Ericsson first filed the lawsuit in October 2021Apple alleged that Apple was trying to unfairly reduce its royalties, after which the giant filed a lawsuit in December, accusing the Swedish company of using “tough tactics” to renew patents. The same Colombian case did not go in Apple’s favour. Juzgado 042 Civil del Circuito de Bogota in Colombia was ordered to ban certain Apple products and the court ruled that Apple products infringed an Ericsson patent.

Apple 5G devices, including iPhones and iPads, are not allowed to be sold or imported into Colombia. The FOSS patent report states that the patent is required for the 5G standard and Ericsson owns the same. Ericsson obtained the patent in 2019 and it will remain valid until December 2037.


Source: Lega Nerd

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