OlarleMoure Ericsson vs Apple Case

Minesoft client OlarteMoure represented Ericsson in Colombia in their recent patent dispute with Apple

Minesoft client, OlarteMoure, represented Ericsson as their litigation counsel in Colombia during their recent global standard essential patent (SEP) dispute with Apple. As a result of a preliminary injunction, tech giant, Apple, was prevented from selling the iPhone 12, 13 & 14 in Colombia. Despite seeking emergency relief from the Colombian courts, the injunction was upheld as constitutional. The patent dispute between Ericsson and Apple started back in 2021 after negotiations failed over the renewal of a seven-year licensing contract, specifically over the use of 4G and 5G wireless SEPs in iPhones. Ericsson sued in 2022, claiming that Apple’s failure to renew the past license, and yet continued to use the patented technology, confirmed its efficient infringer strategy in an attempt to hold out before being forced into a new license. The iPhone maker defended itself accusing the Swedish company of using “strong-arm tactics” to force unjust licencing terms and conditions in violation of FRAND obligations imposed on SEP owners.

OlarteMoure used PatBase to verify information regarding the foreign counterparts for Colombian patents relating to the case. PatBase, a global patent database, helps clients to optimise the way they search and review patent literature. The database now hosts 83 full-text collections with bibliographic data from over 106 jurisdictions. The platform also offers built-in analytics on patent citations to identify key players in the space for potential licencing agreements. Whether it’s practical problem solving, keeping track of valuable IP or monitoring competitors, OlarteMoure was able to rely on PatBase to deliver up-to-date reliable information.

The law firm also utilised Minesoft PatDocs to validate information regarding patent families across different jurisdictions and to locate and review prior art with the Family Tree. By examining patent families, which can have fine lines in certain situations regarding the declaration date and the prosecution of parts of the family, OlarteMoure was able to gain a deeper understanding of the patent landscape and make informed decisions regarding their legal strategy.

Partly as a result of the Colombian portion of the litigation campaign, OlarteMoure helped their client to sign a new Global Patent Licensing Agreement, bringing an end to a global litigation effort. The results obtained served to underscore that in Colombia: (i) early preliminary injunctions are available; (ii) the presumption of validity is strong; and (iii) case docket management was efficient.

In December 2022, the two companies announced they had reached a multi-year, global patent license agreement. The agreement included a cross-license relating to patented cellular standard-essential technologies and grants certain other patent rights. Furthermore, Ericsson and Apple mutually agreed to strengthen their technology and business collaboration, including in technology, interoperability and standards development.

By utilising the power of patent data, Minesoft’s worldwide patent information solutions help businesses all over the world in accelerating their innovation processes and increasing ROI. For Additional details on how our solutions can benefit your team, visit our website.