After the expiry of a comprehensive license agreement, the Swedish network supplier Ericsson alleges extensive patent infringements against Apple. In two lawsuits filed in the US state of Texas, Apple is accused of infringing a total of twelve patents relating to mobile communications technology.
According to the lawsuits, these include Ericsson’s US patents 8102805 (“HARQ in spatial multiplexing MIMO system”), 9532355 (“Transmission of system information on a downlink shared channel”), 10425817 (“Subscription concealed identifier”), 11139872 (” Codebook subset restriction signaling”) and – in the second lawsuit – eight other patents (Ericsson vs. Apple, file numbers 6:22-cv-00060 and 6:22-cv-00061, United States District Court for the Western District of Texas, Waco Division).
Ericsson: Apple uses technology without a license
Since the previous license agreement has expired and no agreement was reached on new license terms, Apple is now using Ericsson’s technology without a license, the network equipment manufacturer said in a statement to the news agency Reuters With. Apple has not yet responded.
Another major patent dispute between the companies was already looming: With a lawsuit filed in a US court last October, Ericsson wanted to have it determined as a precaution that it met all FRAND requirements when licensing its patents. Special rules apply to these essential patents: They must be licensed to third parties on fair, reasonable and non-discriminatory terms (FRAND).
Apple has also filed a lawsuit
Apple responded at the end of the year with a counterclaim: Ericsson is demanding higher license fees than before and is trying to enforce this with “ruthless tactics”. The sticking point is that Ericsson has specified up to a $5 royalty per 5G device for use of its standard-essential patents – something Apple is obviously unwilling to pay.
Apple wants to have the court determine that Ericsson violates FRAND conventions and that the license agreement should be continued under the existing conditions. Apple also argues that some of Ericsson’s 5G patents are not essential to 5G wireless and are not being infringed upon by Apple.
(lbe)