“Ericsson’s unlikely attempt to have iPhone sales barred in the U.S. has taken a modest step forward,” Christian Brazil Bautista writes for Digital Trends. “The International Trade Commission, an independent agency that specializes in investigating trade violations, has agreed to look into Ericsson’s claim that Apple infringed on its LTE technology patent.”
“In its formal complaint, Ericsson accused Apple of violating section 337 of the Tariff Act of 1930. The company claims that Apple illegally imported phones and tablets that came loaded with patented technology,” Bautista writes. “With its complaint, Ericsson is requesting the ITC to issue a limited exclusion order and a cease and desist order.”
Read more in the full article here.
MacDailyNews Take: Ericsson’s quest is quixotic to the max. No iPhone or iPad sales are getting banned. A new royalty rate will eventually be agreed upon with the courts’ help.
Related articles:
Ericsson sues Apple for patent infringement; seeks to ban iPhone sales in U.S. – February 27, 2015
Ericsson files complaint against Apple over tech license payments – January 14, 2015
Apple sues Ericsson over LTE wireless telecom patents – January 14, 2015
Oh no! What will we do! Please hold off long enough to get me my MaxiPad!
/s
If its an LTE patent then its been deemed “essential” for interoperability, and as such, licensing/royalty rates are subject FRAND (Fair, Reasonable and Non-Discriminatory).
Apple’s profitability, and growing market share, are just too tempting for less prosperous firms, attempting to get get a little bit more fees for their IP.
Apple knows what the going rate is for these minor patents, and will settle when Ericsson accepts them. This will never get to an ITC ruling, as Ericsson stands more to lose than does Apple.
Two companies, Samsung and Motorola, attempted to use Standard Essential Patents (SEPs) in patent hold-ups in Europe several years ago. They sued for patent infringement in several European Courts . . . against Microsoft and Apple. After being slapped down for violating their FRAND contracts with the Standards Setting organizations involved for attempting to hold-up the companies involved, the EU’s equivalent of the SEC investigated both companies for non-competitive practices. . . with potential fines equal to their entire years WORLD WIDE PROFITS! In Samsung’s case, it would have totaled something like the equivalent of $22 BILLION DOLLARS! Motorola folded their tents and dismissed their suits, and was absorbed by Google before it went anywhere. Samsung settled. It is illegal everywhere in the world, EXCEPT in the USA, to use SEPs in a patent infringement case. They can take a licensing dispute to court for an adjudication of rates, but not based on infringement. . . it is a contract dispute.
The ITC agreed to look at it. No big deal.
It is. The FTC is faster than our courts and they have come up with some off the wall decisions lately.
I have my iPhone. they can have it when they pry it from my cold, dead hands.