The failure to agree on standard essential and non standardized patents led to Ericsson filing lawsuits against Apple in Germany, Netherlands and the United Kingdom. According to Ericsson, Apple is selling products that infringe patented technologies. This is so even though the licensing agreement between them expired in January.
There were attempts to reach a fresh global licensing agreement which included Ericsson wanting to license its standard essential patents with Apple. The terms were to be based on fairness, reasonableness and non-discriminatory (FRAND). Two years of negotiations did not succeed and the disagreement was left unresolved. This led to the filing by Ericsson in America. The world’s largest provider of mobile network equipment is now seeking to extend the battle to Europe.
Ericsson, holds over 35,000 patents and originally filed a whopping seven suits against Apple which led to ITC agreeing to an investigation of 41 wireless related patent infringements. The Cupertino tech giant filed a suit in January claiming that it was owed excessive royalties for patents not essential to LTE standards but in no time, Ericsson countersued demanding an estimated $250 million to $750 million in royalties per year from Apple as it continued to license it patent wireless technologies.
It seems as if the battle is heating up instead of being resolved. Only time will tell who will need to sign a cheque for a massive legal payout. Maybe though, there is still hope for a sincere and win-win agreement between the two. Come on, let’s kiss and make up!