iPhone Ban in Colombia: Will More Countries Follow?
Since the agreement expired, Apple and Ericsson have been embroiled in a worldwide patent battle. That has now led to an iPhone ban in Colombia. Will more countries follow?
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iPhone ban due to patent dispute between Ericsson and Apple
Network equipment supplier Ericsson has won a small victory in a major patent case with Apple. A court in Bogota has banned Apple from selling and importing its current iPhones and iPads into Colombia. Apple itself has confirmed this.
The ban concerns devices with support for 5G networks. And there are many, namely the iPhone 13, iPhone 12 and iPhone SE 2022, as well as the latest iPads. The court had already issued a ban in April for an alleged infringement of an Ericsson patent on 5G technology. This prohibits Apple from selling, importing and promoting such models in Colombia – even though the 5G networks are not yet in use locally.
License agreement expired
A seven-year licensing agreement between Apple and Ericsson on mobile patents expired without renewal at the end of 2021. As early as the autumn of last year, Ericsson wanted to establish in advance that it meets all so-called FRAND conditions when granting licenses for its patents. Special rules apply to essential patents. They must be under fair, reasonable and non-discriminatory terms (fair, reasonable and non-discriminatory) are licensed.
Apple countered with the accusation that Ericsson clearly violated these conventions. Since then, the companies have been fighting lawsuits and counter-charges in various countries. It cannot therefore be ruled out that more countries will follow. In the Netherlands, however, it does not look like the iPhone will be banned for the time being.
iPhone ban: Apple pushes for decision in US
The ban went into effect without a hearing with Apple. And Ericsson has also managed to obtain an anti-suit injunction — an injunction designed to prevent Apple from filing a counter-charge in another state — which Apple has already done in Texas before that.
Apple is now trying through a US judge to order Ericsson to compensate for all damages resulting from the ban in Colombia. Ultimately, the company wants to make sure the case is settled in the US – not Bogota.
