Colombia court bans 5G iPhones and iPads in Ericsson patent case

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in iPhone
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.

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Comments

  • Reply 1 of 21
    applesauce007applesauce007 Posts: 1,687member
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    watto_cobra
  • Reply 2 of 21
    mpantonempantone Posts: 1,934member
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    Those are bricks-and-mortar stores. You don't need a bricks-and-mortar location to do business.

    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.
    edited July 9 darkvaderwilliamlondonappleuseryeahwatto_cobra
  • Reply 3 of 21
    bloggerblogbloggerblog Posts: 2,316member
    Apple has the world’s worst legal team. They rarely win a suit or protect their own patents. Samsung, Microsoft, Google, Amazon to name a few, have laughed their way to the bank and continue to do so
    Alex1Ndanoxkillroyviclauyycwilliamlondonappleuseryeahwatto_cobra
  • Reply 4 of 21
    MadbumMadbum Posts: 305member
    Lol , bought and paid for third world judge 

    shame on you Ericcson 
    edited July 9 killroyviclauyycappleuseryeahwatto_cobra
  • Reply 5 of 21
    crowleycrowley Posts: 10,453member
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    https://www.apple.com/co/
  • Reply 6 of 21
    fred1fred1 Posts: 1,010member
    mpantone said:
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    Those are bricks-and-mortar stores. You don't need a bricks-and-mortar location to do business.

    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.
    There are also brick and mortar stores operated by authorized retailers in countries that don’t have Apple Stores. 
    jukebox60killroydarkvaderwatto_cobra
  • Reply 7 of 21
    Paul_BPaul_B Posts: 82member
    You don't need a watch to order an EiGHT Ball...just saying...
    williamlondon
  • Reply 8 of 21
    larryjwlarryjw Posts: 954member
    I'm sure it will have some effect on Apple sales, but how much? Will they they confiscate iPhones purchased by individuals in Ecuador, Mexico, Panama and sent by postal? 

    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. 
    edited July 10 jukebox60killroywatto_cobra
  • Reply 10 of 21
    viclauyycviclauyyc Posts: 837member
    mpantone said:
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    Those are bricks-and-mortar stores. You don't need a bricks-and-mortar location to do business.

    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.
    I think what he meant was the market in Columbia is so small that Apple don't bother to open an apple store there. 
    watto_cobra
  • Reply 11 of 21
    macxpressmacxpress Posts: 5,418member
    Banned all 50 imports....
    watto_cobra
  • Reply 12 of 21
    wood1208wood1208 Posts: 2,794member
    Columbia Court needs to ban "Drugs" and drug cartels from Columbia.
    appleuseryeahgenovellewatto_cobra
  • Reply 13 of 21
    mpantonempantone Posts: 1,934member
    wood1208 said:
    Columbia Court needs to ban "Drugs" and drug cartels from Columbia.
    They are banned. Unfortunately it's up to others to enforce the laws.

    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.
    edited July 10 watto_cobra
  • Reply 14 of 21
    mpantonempantone Posts: 1,934member
    viclauyyc said:
    mpantone said:
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    Those are bricks-and-mortar stores. You don't need a bricks-and-mortar location to do business.

    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.
    I think what he meant was the market in Columbia is so small that Apple don't bother to open an apple store there.
    And you -- like him -- are missing the point.

    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.
    edited July 10
  • Reply 15 of 21
    viclauyyc said:
    mpantone said:
    Ok, let's see...  Apple has zero stores in Colombia.  Oh well...

    https://en.wikipedia.org/wiki/Apple_Store

    Those are bricks-and-mortar stores. You don't need a bricks-and-mortar location to do business.

    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.
    I think what he meant was the market in Columbia is so small that Apple don't bother to open an apple store there. 
    Colombia...:)
    watto_cobra
  • Reply 16 of 21
    chasmchasm Posts: 2,575member
    *shrug*

    I certainly wouldn't have the knowledge to judge whether Apple purposefully infringed on Ericsson's patent, or just came up with the same idea around the same time. Either way, i think the fine people of Columbia will make their opinions known to the court, which I think is being a bit unreasonable here (even if Apple is completely guilty of infringement, it is standard judicial procedure to wait until all judicial avenues and appeals are exhausted before actually blocking shipments -- you just warn companies that they may face ever-increasing fines if the continue to sell the infringing devices if they ultimately lose).

    Consumer pressure could weigh in on this case in Columbia, and perhaps Apple will also prevail in the Eastern District of Texas, as they have IMO a solid point.
    watto_cobra
  • Reply 17 of 21
    Madbum said:
    Lol , bought and paid for third world judge 

    shame on you Ericcson 
    Like Apple hasn’t bought and paid for the US Congress? Wake up and get a clue. 
    muthuk_vanalingamfred1
  • Reply 18 of 21
    applesauce007applesauce007 Posts: 1,687member
    Where ever Apple does a lot of business,  it opens up Apple Stores with genius bars to support the customers.
    Apple has zero stores in Colombia. 
    watto_cobra
  • Reply 19 of 21
    genovellegenovelle Posts: 1,415member
    I think there should be an international agency that sets and manages any royalties for standards essential patents. There should be zero negotiations and be impossible to infringe on because everyone pays based on units sold or revenue for that device. The rates would be the same for all companies big or small. . 
    edited July 11 FileMakerFellerwatto_cobra
  • Reply 20 of 21
    fred1fred1 Posts: 1,010member
    Where ever Apple does a lot of business,  it opens up Apple Stores with genius bars to support the customers.
    Apple has zero stores in Colombia. 
    Actually, the decision to open Apple Stores in a country or region of a country is based on a lot more factors than just number of sales there. The same goes for every major chain, IKEA, MacDonalds, etc.
    watto_cobra
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