Apple threw the first punch back in 2015, claiming that it was only using non-essential Ericsson technology, but if it did happen to infringe on a patent, the fee for doing so should be low. Inside Towers reported in 2015 on the initial court battle, quoting an Apple spokesperson as saying, “We’ve always been willing to pay a fair price to secure the rights to standards essential patents covering technology in our products. Unfortunately, we have not been able to agree with Ericsson on a fair rate for their patents so, as a last resort, we are asking the courts for help.”
Apple Insider now reports that Ericsson has launched a counter punch and is suing to prove that Apple has met prior agreements for fair play. The two parties have been attempting to work together to deliver 5G, but each entity has been protective of its own sovereignty in the pairing.
Cross-licensing agreements have kept lawyers on both sides of the table busy. “Apple’s conduct in this negotiation parallels its conduct in the parties’ negotiations that preceded the 2015 cross license,” alleges Ericsson’s new complaint. “During those negotiations, while Ericsson’s license with Apple was still in force, Apple filed a surprise suit against Ericsson attacking seven Ericsson U.S. patents as not essential and also seeking, in the alternative, a patent-by-patent FRAND adjudication.”
Ericsson asserts that it is prepared to operate under fair, reasonable, and nondiscriminatory (FRAND) terms and looks to be sure that Apple will do the same. The newly filed lawsuit asks for a declaratory judgment that Apple has upheld prior terms established by the European Telecommunications Standards Institute. Ericsson also requested that Apple cover its legal fees for the lawsuit, according to Apple Insider.
The two parties eventually reached an agreement in 2015, with Apple agreeing to extend the licensing of 2G, 3G and LTE SEPs to Ericsson. Ericsson would like to negotiate new terms that incorporate 5G. However, information available on Apple’s website makes it clear that Apple is protective of its financial health and isn’t going to give away anything for free.
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