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Following a ban on 5G equipped iPhones and iPads in Colombia, Apple has fought back against Ericsson in its row of 5G patent infringements by filing its first-ever lawsuit over what it believes should be treated as standard essentials.
Apple and Ericsson are in a ongoing courtroom battle more than 5G patents, with Ericsson accusing Apple of infringing its intellectual property. However, in an effort to gain the upper hand over Ericsson, Apple is now launching its first standard-essential patent lawsuit.
The filing takes place in Munich and sees Apple claim a SEP related to 4G technology, against Ericsson’s 4G LTE-equipped hardware. While it’s unclear whether Apple will ask for a ban in this particular case, it does mark a significant first for the company.
Apple’s application is based on a patent for “Virtualized Network Function Management”. reports FOSS patents† Originally filed by Intel, the patent was transferred to Apple as part of the iPhone maker’s $1 billion purchase of Intel’s $1 billion modem business in 2019, which includes more than 17,000 wireless technology patents.
It is claimed that a standard essential patent is necessary to meet a technical standard, and so it must be licensed by others or sued for royalties. Although Apple usually subject of lawsuits involving SEPs over the years, this is apparently the first time Apple has used its own SEP in a filing.
While Ericsson’s biggest complaint with Apple is its 5G patents, Apple’s SEP is against 4G LTE, another communication technology that Ericsson’s products use.
The Regional Court of Munich I has set the first hearing of case number 21 O 1970/22 on February 15, 2023, under the 21st Civil Chamber, chaired by the judge, Dr. George Werner. Later, on March 1, there will be a hearing on a separate Apple-Ericsson indictment over a non-SEP patent owned by Apple for a “device, system and method for wireless backhaul and access communications through a common antenna strategy.” “.
Ericsson has also successfully developed a command in Colombiapreventing the import, sale and advertising of a 5G equipped iPhone or iPad.