Ericsson managed to get a court to prohibit the sale and import ofiPhone and iPad with 5G connectivity in Colombia for unauthorized use of patents.
The legal battle between Ericsson and Apple for the apparent unauthorized use of patents in iPhone and iPad with 5G connectivity had a clear victory for the Swedish company in Colombia
where the sale and import of these devices has been prohibited.
Apple sought to have Ericsson punished in the United States for this ban, imposed by a judge in Colombia .
The Cupertino company unsuccessfully sought a Texas court to impose payments on Ericsson for the losses caused by the ban, indicates the specialized site Foss Patents .
Judge Rodney Gildstrap rejected Apple ‘s request and even responded with a scolding.
Why did they call attention to Apple?
Judge Gildstrap called out Apple for using an emergency motion for this issue.
As dictated, the ban in Colombia did not mean “imminent and irreparable” damage as Apple claims , especially when the dispute will begin its trial in December and it is expected that Apple and Ericsson will have to enter into formal mediation in September.
Gildstrap assured that Apple incorrectly used an emergency motion and that it will not hesitate to penalize the company if it does something similar again.
Apple denounces a “human rights violation”
According to Foss Patents , Apple is not giving up on the legal offensive against Ericsson and is now asking Colombia to reverse the ban, which it has labeled as a “violation of human rights.”
A “tutela”, similar to an amparo action” seeks that the Superior Court of the Judicial District of Bogotá act against Ericsson, the firm that represents Ericsson in Colombia (OlarteMoure), Carlos R. Olarte (main lawyer representing Ericsson in dispute) and the 43rd Civil Court (which ordered the ban).
Apple has not been pleased that distributors in Colombia have been contacted to verify that they are aware of the ban on selling iPhone and iPad models with 5G connectivity . Foss Patents recalls that Apple did the same thing 10 years ago when it was in place of Ericsson and had a patent dispute with Samsung .
Obviously, Apple will seek to pay as little as possible to use Ericsson ‘s patents , while the Swedish company will try to obtain the best payment by hitting Apple where it hurts the most , the sale of its iPhone . As long as these companies do not agree, this novel will last for a while.