Ericsson has filed more lawsuits against Apple in an attempt to get the iPhone maker to pay what Ericsson sees as a fair fee for its 5G patents.
The two parties are involved in a legal dispute after negotiations to renew a license agreement for Ericsson's Standards Essential Patents (SEPs) proved contentious.
PES are innovations that have been brought to industry standards such as 5G and can be used by anyone else as long as they pay a fair price for the privilege. These rates are called fair, reasonable and non-discriminatory (FRAND) conditions.
Ericsson patents
In effect, this means that anyone who uses a SEP in their product pays a royalty to the patent owner. Some companies with large SEP portfolios often introduce royalty caps in an effort to avoid the likelihood of legal litigation, which is not uncommon among major providers.
For example, Huawei capped its royalties at €2,50 per device and Nokia imposed a cap of €3,57.
Ericsson and Apple went to court in 2015 before reaching the current agreement that expires this year. During this particular episode, Apple argued that its devices did not infringe Ericsson's patents, that the patents in question were not essential, and that Ericsson's royalty claims were excessive.
Specifically, Apple argued that payments should be calculated based on the value of the components that use the technology, not the total value of the device.
A renewal has yet to be agreed, and Ericsson filed a lawsuit in October, accusing Apple of trying to avoid paying a reasonable fee. Apple filed a countersuit in December accusing the Swedish telecommunications equipment maker of "strong tactics." This latest action by Ericsson adds two more claims to the dispute.
"We can confirm that Ericsson has filed a number of patent infringement lawsuits against Apple in multiple jurisdictions," an Ericsson spokesperson told TechRadar Pro. "Because the previous agreement expired and we were unable to reach an agreement on the terms and the scope of a new license, Apple is now using our technology without a license.
"Ericsson's annual investment in R&D has led to our position as a world leader in 5G and a leading portfolio of 5G patents. The possibility of fair compensation through patent licensing is important to ensure further investment in innovation. that benefit our customers and consumers around the world. »
"Ericsson refused to negotiate fair terms for the renewal of our patent license agreement and instead sued Apple around the world for extorting excessive royalties," Apple added. "We are asking the court to help us determine a fair price."
via Reuters