Colombia court bans 5G iPhones and iPads in Ericsson patent case
Apple's 5G-equipped iPhones and iPads are banned from sale and import in Colombia, ordered after a court determined Apple's products infringe on a patent owned by Ericsson.
In an escalation of an ongoing patent infringement war between Apple and Ericsson, Apple has fallen victim to a court decision in Bogota. The two companies are fighting over 5G patents owned by Ericsson, which Apple is alleged to have infringed upon.
The Juzgado 042 Civil del Circuito de Bogota in Colombia's capital declared in April that Apple's 5G hardware infringes on claim 13 of Colombian patent NC2019/0003681. FOSS Patents reports the patent, deemed to be standards-essential to 5G and granted to Ericsson in 2019, is said by the court to remain valid until December 2037.
After April's infringement, Ericsson posted a bond of worth $50,000 the following month, in order for enforcement to take place. The court then ordered a preliminary injunction on July 6 impacting Apple Colombia S.A.S, the Cupertino company's subsidiary in the country.
Under the injunction, Apple is banned from importing, selling, advertising, or otherwise commercializing any products infringing the patent, which 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.
The court also orders Colombia's customs authority, the Direccion de Impuestos y Aduanas Nacionales, to prevent imports of the affected hardware.
Apple is appealing the ruling, but there is an unusual wrinkle to proceedings. Judge Ronald Neil Orozco Gomez decided that Apple cannot seek or enforce an "antisuit injunction" from a foreign country that can prevent or restrict the enforcement of the preliminary injunction.
The court order, a so-called "anti-antisuit injunction," makes it hard for Apple to gain an antisuit injunction against Ericsson, as that would go against the court order.
Instead of trying to combat the Colombia order, Apple is instead trying to demand antisuit damages in the Eastern District of Texas. An emergency motion to the court on Friday had Apple claiming the injunction gives Ericsson "economic and logistical leverage" to pressure the company into giving up its litigation and paying Ericsson's royalty demands.
The motion asks Chief Judge Rodney S. Gilstrap to rule that Ericsson must "indemnify Apple from any fines, fees, penalties, and costs it incurs as a result of the Colombian injunction."
The logic behind the move is that Apple's motion isn't seeking an antisuit injunction, but instead an antisuit damages claim, which would technically appease the Colombian court's limitations.
The Colombia activity is the latest in the string of lawsuits occurring around the world about the patents. Activity includes a lawsuit in the UK, U.S. International Trade Commission activity, Ericsson attacking a Brazilian distributor, and a rash of European lawsuits, among others.
Read on AppleInsider
In an escalation of an ongoing patent infringement war between Apple and Ericsson, Apple has fallen victim to a court decision in Bogota. The two companies are fighting over 5G patents owned by Ericsson, which Apple is alleged to have infringed upon.
The Juzgado 042 Civil del Circuito de Bogota in Colombia's capital declared in April that Apple's 5G hardware infringes on claim 13 of Colombian patent NC2019/0003681. FOSS Patents reports the patent, deemed to be standards-essential to 5G and granted to Ericsson in 2019, is said by the court to remain valid until December 2037.
After April's infringement, Ericsson posted a bond of worth $50,000 the following month, in order for enforcement to take place. The court then ordered a preliminary injunction on July 6 impacting Apple Colombia S.A.S, the Cupertino company's subsidiary in the country.
Under the injunction, Apple is banned from importing, selling, advertising, or otherwise commercializing any products infringing the patent, which 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.
The court also orders Colombia's customs authority, the Direccion de Impuestos y Aduanas Nacionales, to prevent imports of the affected hardware.
Apple is appealing the ruling, but there is an unusual wrinkle to proceedings. Judge Ronald Neil Orozco Gomez decided that Apple cannot seek or enforce an "antisuit injunction" from a foreign country that can prevent or restrict the enforcement of the preliminary injunction.
The court order, a so-called "anti-antisuit injunction," makes it hard for Apple to gain an antisuit injunction against Ericsson, as that would go against the court order.
Instead of trying to combat the Colombia order, Apple is instead trying to demand antisuit damages in the Eastern District of Texas. An emergency motion to the court on Friday had Apple claiming the injunction gives Ericsson "economic and logistical leverage" to pressure the company into giving up its litigation and paying Ericsson's royalty demands.
The motion asks Chief Judge Rodney S. Gilstrap to rule that Ericsson must "indemnify Apple from any fines, fees, penalties, and costs it incurs as a result of the Colombian injunction."
The logic behind the move is that Apple's motion isn't seeking an antisuit injunction, but instead an antisuit damages claim, which would technically appease the Colombian court's limitations.
The Colombia activity is the latest in the string of lawsuits occurring around the world about the patents. Activity includes a lawsuit in the UK, U.S. International Trade Commission activity, Ericsson attacking a Brazilian distributor, and a rash of European lawsuits, among others.
Read on AppleInsider
Comments
https://en.wikipedia.org/wiki/Apple_Store
Ever hear of Amazon.com? How many bricks-and-mortar stores do they have where you live? How about Roku? Or Sony? Or LG? Or Logitech?
How many retail stores does Nintendo have? Two: New York and Tel Aviv. Zero in Japan: not a single one.
shame on you Ericcson
My brief experience in Mexico and Peru is many people travel outside the country to purchase the items for family and friends. In Lima, the general process was to fly to Miami, pick the goods up there. You can buy anything you wanted from "street vendors". This was a long time ago under Fugimora. Large "flee" markets where exchanges frequent.
Does Apple have financial incentives?
Anyway, I would guess Colombia has a thriving underground market -- as most South American countries do. They wouldn't have any economic support for most of the population but for the underground.
Here in the USA, traffic court judges won't pull drivers over if they are speeding or run a red light.
Oh, and it's Colombia, not Columbia.
Apple still has a consumer presence in Colombia despite the fact that there is no bricks-and-mortar retail store. The court's ruling isn't restricted to bricks-and-mortar business.
Apple has zero stores in Colombia.