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Ericsson has filed lawsuits against Apple in Germany, United Kingdom and the Netherlands after failing to reach a global licensing agreement with the company over both standard-essential and non-standardized patents.
Ericsson claims that Apple continues to sell the iPhone, iPad and other products that infringe upon its patented technologies, some related to 2G and 4G LTE standards, even though its licensing agreement expired in January.
Ericsson has been attempting to license its standard-essential patents with Apple on terms that are fair, reasonable and non-discriminatory (FRAND), but the two companies have failed to reach an agreement following over two years of negotiations. Unable to resolve the situation outside of the courtroom, Ericsson has since filed patent lawsuits against the iPhone maker in the United States, and now Europe, for mediation by the courts.
"Apple continues to profit from Ericsson's technology without having a valid license in place," said Kasim Alfalahi, Chief Intellectual Property Officer at Ericsson. "Our technology is used in many features and functionality of today's communication devices. We are confident the courts in Germany, the UK and the Netherlands will be able to help us resolve this matter in a fair manner."
Ericsson, the world's largest provider of mobile network equipment, originally filed two complaints with the U.S. International Trade Commission and seven complaints with the U.S. District Court for the Eastern District of Texas against Apple earlier this year. In late March, the ITC agreed to investigate the patent infringement claims, involving 41 wireless-related patents.
Apple originally filed suit against Ericsson in January, arguing that it was demanding excessive royalties for patents not essential to LTE standards. Ericsson, which holds over 35,000 patents, countersued in a Texas courtroom just hours later, seeking an estimated $250 million to $750 million in royalties per year for Apple to continue licensing its patented wireless technologies.
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From long-term observations, there appears to be 3 kinds of patents:
1. Apple patents are the ONLY bona-fide patents.
2. Patents used against Apple are only owned by patent trolls.
3. Patents that have no effect on Apple are fine unless Apple tries to get into something new against which such patents may lead to claims. Then, see #2.
...and these 2 overwhelming truths(?):
-Patent system is wonderful and "protecting IP" when it's working with Apple's objectives
-Patent system is "broken" and "needs reforms" when it's working against Apple's objectives
When it comes to actual legal actions, in a patent-driven clash where both parties are found to have infringed on the other party's patents,
-the party against Apple should "Die <party name/copycat> Die", while
-the judge is simply wrong about Apple infringing... or what Apple infringed upon should have never been awarded a patent at all.
Did I miss anything?
All ;)
They have 118,706 employees and do 6 billion in sales in a quarter. Does that sound like a patent troll?
You have to remember that many people here will defend Apple at all costs. Hey its stealing, but since its Apple its OK:rolleyes:
Nicely put. Except one glaring exception. Ericsson is asking for a FRAND rate for the patents; not more. They've also offered to have the courts decide the rate.
"Ericsson has been attempting to license its standard-essential patents with Apple on terms that are fair, reasonable and non-discriminatory (FRAND)"
Apple doesn't want to pay FRAND rates. Apple wants to pay less.
Other than that tiny, little, minuscule exception you're right on point.
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Ericsson offered the exact solution you're suggesting. Apple said no. The same answer they gave Nokia and Motorola in prior disputes.
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You should be embarrassed by your comment. Seriously, are you just joking?