IPhone Sales Banned In Colombia (zdnet.com) 42
"5G iPhones have been slapped with a sales ban in Colombia," reports Digital Trends, "due to a 5G patent infringement dispute between Apple and Ericsson... The ban affects the latest models, including the iPhone 12, iPhone 13, and the iPad Pro, which the court found infringed Ericsson's patent pertaining to 5G tech."
They add that in response Apple is now suing Ericsson in Texas, "for damages that resulted from the ruling in Colombia, as well as any fines, fees, penalties, and costs that have been incurred because of it."
The site FOSS Patents notes that Colombia reached the "banning" stage less than six months after the beginning of "the current wave of Ericsson v. Apple patent infringement actions." ZDNet explains: The backstory here is somewhat complicated but can be boiled down to the following points:
- Apple used to pay Ericsson royalty fees for patented 5G technologies.
- Apple failed to renew the licenses when they expired.
- Ericsson sued Apple.
- Apple then sued Ericsson, claiming that the company was violating FRAND rules, the patents were standard-essential patents, and Ericsson's licensing fees were too high.
There followed a whole bunch of legal actions and counteractions, with both companies attempting to get sales bans on the other company's hardware....
This ban is likely no big deal for Apple given the small size of that market. The problem is several more lawsuits are making their way through various courts in various territories. And since Apple isn't disputing the validity of the patents, it's almost certainly opening itself out to bans being enforced in other countries.
Thanks to long-time Slashdot reader fermion for sharing the news!
They add that in response Apple is now suing Ericsson in Texas, "for damages that resulted from the ruling in Colombia, as well as any fines, fees, penalties, and costs that have been incurred because of it."
The site FOSS Patents notes that Colombia reached the "banning" stage less than six months after the beginning of "the current wave of Ericsson v. Apple patent infringement actions." ZDNet explains: The backstory here is somewhat complicated but can be boiled down to the following points:
- Apple used to pay Ericsson royalty fees for patented 5G technologies.
- Apple failed to renew the licenses when they expired.
- Ericsson sued Apple.
- Apple then sued Ericsson, claiming that the company was violating FRAND rules, the patents were standard-essential patents, and Ericsson's licensing fees were too high.
There followed a whole bunch of legal actions and counteractions, with both companies attempting to get sales bans on the other company's hardware....
This ban is likely no big deal for Apple given the small size of that market. The problem is several more lawsuits are making their way through various courts in various territories. And since Apple isn't disputing the validity of the patents, it's almost certainly opening itself out to bans being enforced in other countries.
Thanks to long-time Slashdot reader fermion for sharing the news!
Apple (Score:5, Informative)
When a phone manufacturer copies an Apple "innovations", such as innovative their idea of copying features from the myOrigo phone, the Apple boy-Army claims it is copying. But when Apple copies other people ideas (99% of the iPhone relies on innovations developed by companies other than Apple) it is unfair?
Re: (Score:3)
Re: (Score:2)
Utility patents are way harder to dispute, especially if you already licensed them before. Unless there was a significant increase in price they are likely sunk having both paid before and admitting they are essential... I am not sure Apple is taking good legal advice.
Re: (Score:3)
Re:Apple (Score:4, Interesting)
In Apple's case the issue here is that they don't have valuable patents to cross-licence with Ericson, so they have to pay cash to use Ericson's patents. Other manufacturers just licence their 5G or other wireless related patents to Ericson so end up paying nothing, but Apple is a bit lacking in that area.
Apple wanted to make its own modems, but didn't put the effort into R&D for the core standards.
Patents are an outdated busted concept (Score:3)
Patents, today are only hindering innovation. They protect nothing but lawyers, and should be banned.
Re: (Score:2)
It has come to this. (Score:1)
Re: (Score:1)
Jurisdiction (Score:5, Interesting)
This is a one one to me...Suing in Texas because of a legal dispute in Colombia...Forum shopping much?
Re:Jurisdiction (Score:5, Interesting)
Probably those east Texas patent troll judges.
Re: (Score:2)
Probably those east Texas patent troll judges.
I thought that the East Texas Patent Cabal had been all but shut down:
https://www.engadget.com/2017-... [engadget.com]
Re: (Score:2)
Could be simple.. Ericson being legally required to offer licensing of patents to All members under FRAND terms as a condition of joining and participating in the standards body that developed 5G, but refuses to perform as legally required to do so, therefore Apple has been unable to obtain the license under fair terms. The contract between Ericson and the Standards body is formed in a different country subject to that country's laws - Apple and the Standards body's involved ultimately need cou
Re: (Score:1)
The "F" in FRAND stands for "Fair" not "Free." Apple can't just decide they don't need to pay royalties any more: if they're using the technology in their devices (which isn't in dispute) then they just need to pay for it.
This is one of those no-brainer cases where Ericsson must be awarded a win but where triple-damages seems to be an insufficient penalty against Apple.
Re: Jurisdiction (Score:2)
Is there some reason why a litigant would not or should not seek out a court where it believes it is most likely to get the outcome it wants?
I know I would, if I could afford to do so. You'd have to be a dumbass not to.
Re: Jurisdiction (Score:2)
Forum shopping is generally frowned upon, even by the courts.
Re: Jurisdiction (Score:2)
Frown all you want. People can and should pursue their own best interests.
Re:Jurisdiction (Score:5, Interesting)
This could get interesting. What if the court in Columbia decides that anything Apple wins in Texas will be added to what it owes Ericson in their jurisdiction?
Or what if Ericson sues Apple in Europe or China for losses incurred to lawsuits in the US? Ericson is a European company, and it would be bad if the EU just let them get damaged by a clearly BS ruling in the US that seems to extend the jurisdiction of US courts to the entire world.
Supply and demand (Score:5, Funny)
Re: (Score:2)
This could actually really happen.
Re: iPhone is so last century... (Score:5, Funny)
You read my mind.
Re: (Score:3)
First, hire all the lawyers (Score:5, Funny)
Hopefully both companies' lawyers will need much, much money in order to prove their case, to the detriment of the stockholders' equity. I, for one, think that no legal expense is too high. Millions for defense, nothing for tribute! Apple, don't let Ericsson get away with this bullshit. Ericsson, are you going to let Apple walk all over you?
Just patent electricity use (Score:2, Insightful)
Re: (Score:2)
Re: (Score:1)
I would like to see Apple trying to build its own cell infrastructure, worldwide. Bankruptcy in 3, 2, 1...
Patents protect big corporations, immobilis (Score:3)
Yep. Patents are an outdated nuisance. They protect big corporations, immobilism, and lawyers
Google and Samsung Monopoly (Score:4, Interesting)
The fact is there are just under 50 million people in Colombia and just over 50 million smart phones. For most, 100 dollars a year equivalent will buy weekly unlimited talk and text and a gig of data. Which is maybe a weeks wages. So most have a cheaper smart phone.
For those who can afford it, they likely buy Apple products on trips out of the country. So a ban on sales in country is not going to limit sales. Those who want and can afford will get them.
Re: (Score:2)
The world ends not with a bang (Score:3)
But a patent infringement lawsuit.
Nothing new here then! (Score:2)
This is why I do not buy anything from Apple!
In 2007 and later, they accused anyone and everyone of stealing their ideas. They drove many innovators out of business. They drove others away from mobile telephony and generally did huge damage to the industry.
The fact that they are still behaving in this way shows that not all cliches are wrong
I think ... (Score:2)
Seems pretty cut and dry here (Score:2)
If Ericsson are charging Apple the same as everyone else, and no one else is complaining, seems fair, reasonable and nondiscriminatory to me.
Add in the fact Apple was previously happy to pay for it before.