Could this be legal precedent for impending UK case too
A 5G patent infringement ruling in South America could cause an earthquake in the UK, as the friction between the tectonic plates that are the legal departments of Apple and Ericsson builds. A quake could have a massive disruptive effect on the industry. If a legal precedent is set, it could see a ban on Apple iPhone from being sold in the UK, an Apple Insider has suggested. Protection of Ericsson’s 5G patents took on extra significance when it emerged yesterday that it is testing affordable 5G satellite phone connectivity.
Pat Breacher
The build-up began with a court decision in Bogota, Columbia’s capital, which ruled in favour of Ericsson’s allegations of 5G patent infringements and resulted in a ban on the sales of Apple’s latest iPhones and iPads. The Juzgado 042 Civil del Circuito de Bogota in Colombia’s capital declared that Apple’s 5G hardware infringes on claim 13 of Colombian patent NC2019/0003681. FOSS Patents reports the patent, deemed standards-essential to 5G and granted to Ericsson in 2019, is valid until December 2037.
Defies convention
Ericsson posted $50,000 bond in June and now the order for enforcement has worked its way through the legal system and a preliminary injunction came into effect on July 6. Apple Colombia, the Californian company’s local subsidiary, is now banned from importing, selling, advertising or otherwise commercialising any products infringing the patent. This means any 5G-equipped iPhone or iPad. Apple also has to “warn and communicate” with retailers, social media platforms, mass media and other firms to ensure compliance.
Court action
The court also orders Colombia’s customs authority, the Direccion de Impuestos y Aduanas Nacionales, to prevent imports of the affected hardware. Apple appealed but Judge Ronald Neil Orozco Gomez said Apple cannot seek or enforce an antisuit injunction from a foreign country that can prevent or restrict the enforcement of the preliminary injunction. This anti-antisuit injunction, makes it hard for Apple to gain an antisuit injunction against Ericsson, as that would go against the court order.
Brazilian distribution
The Colombia case is the latest in the string of patent court battles across the world, with lawyers in action in the UK, US International Trade Commission in European court rooms. Ericsson has even attempted to neutralise a Brazilian distributor. Ericsson is extending its legal battle with Apple over 5G patents, with new filings indicating the patent infringement fight will also be taking place in the UK. Ericsson believes Apple infringed its 5G patents with the iPhone and other products. In the UK Ericsson is represented by law firm Taylor Wessing. It submitted a claim to the High Court of Justice for England and Wales on June 6 over patents, as reported by FOSS Patents.
Case coming to UK
Its actions are split into two cases, both designated as Part 7 claims, which relate to patents and registered designs. Both have been assigned to the Patents Court. Apple is currently in the middle of another patent lawsuit against Optis in the UK, again over wireless patents. The UK case is a continuation of an action in the US in which Optis won a $506.2 million case against Apple for infringing on a series of 4G LTE patents. This was later cut to $300 million. The Apple versus Ericsson case is expected to continue in July 2022 and there is the conceivable possibility that either Apple will be banned from selling iPhones in the UK, or that it will choose not to.