Civil Court 043 of the Bogotá Circuit found that the iPhone Y iPad 5G power Manzana violated claim number 13 of the Colombian patent. NC2019/0003681, declared essential to the 5G standard and issued to Ericsson in 2019 and will remain in force until December 2037.
This comes after the lawsuit between Ericsson and Apple over the patent issue began. This happened because the agreements between the two companies expired in 2021 and they were unable to reach an agreement. Ericsson claims that Apple has infringed 12 patents, under which it expects Apple pays up to $5 for each device sold.
In his ruling, published by the Colombian newspaper SEMANA, the judge is clear in his decision: “ORDER that Apple Colombia SAS, immediately cease and desist the importation into the Republic of Colombia of all devices or cell phones in which employs or complies with technology protected by Claim 13 of Patent No. 36031″.
Which teams are affected by this decision?
The models that are prohibited from sale in Colombia are:
– iPhone SE 2022
– iPhone 13 Mini
– iPhone 13 Pro
– iPhone 13 Pro Max
– iPhone 12 Mini
– iPhone 12 Pro
– iPhone 12 Pro Max
As for the prohibited iPad models, there are the latest iPad Pro, iPad Air and iPad mini that incorporate cellular connectivity through 5G. iPads only with Wifithey can continue to be sold without any problems.
What is the origin of the conflict between Apple and Ericsson
This dispute between both technology companies has been registered since 2015, at the time when Ericsson attributes inventions so that the world today can enjoy different types of connections to InternetWhat for example 5G.
That is why the Swedish company seeks, and as mentioned above, that Apple pays up to 5 dollars for each device it sells that uses this type of technologysomething that the apple company is flatly refused to do.
The precautionary measure also orders the “National Tax and Customs Directorate (DIAN) to carry out all actions aimed at prevent the importation into the Republic of Colombia of Apple-branded devices or cell phones in which the technology protected under Claim 13 of Patent No. 36031 is used or complied with.
And to the company to the immediate cessation in the use of “any publicity material promoting or offering through the internet, platforms of social networks, mass media, press media, electronic platforms, or any other similar means, Apple-branded devices or cell phones.
How likely is it that this decision will be adopted in other countries?
Actually, it is very possible. Being a conflict of several years of dispute, it has served for Ericsson to prepare and have sent the same request to various courts in the United States, countries in Europe, Asia and Latin America.