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In the ongoing patent infringement battle between Apple and Ericsson, Apple has responded to a court-ordered ban on the iPhone in Colombia, arguing that its human rights have been violated.
9 to 5 Mac References that in an ongoing infringement battle between Apple and Ericsson, Apple has responded to the iPhone ban in Colombia by claiming that its human rights have been violated. The company sought emergency relief in Colombia days after a US judge warned it not to abuse the Colombian court system by filing emergency requests for non-urgent cases.
(© AFP/File Johannes Eisele)
(David Paul Morris/Bloomberg via Getty Images)
5G iPhones and iPads use proprietary technology owned by Ericsson, which Apple has licensed for some time. However, Apple is unhappy with the amount charged for the license and has stopped paying. This means that Apple is currently infringing Ericsson’s patents, and the company is now seeking to ban iPhones in certain countries by filing lawsuits against the import and sale of 5G iPhones and iPads.
Ericcson succeeded in filing an injunction in Colombia, and the court ordered a halt to all iPhone sales in the country. Apple responded by filing an emergency motion in the Eastern District of Texas in an attempt to obtain damages from Ericsson for its losses in Colombia. The company also filed a series of counterclaims against Ericsson.
A Texas judge rejected Apple’s motion and criticized the company for misusing the emergency motion process for a non-emergency matter.
Foss Patents writes:
Judge Gilstrap does not believe it constitutes “imminent, irreparable harm” to Apple that it might – as a result of enforcement measures in other jurisdictions – have to sit down and negotiate a license with Ericsson. The Texas FRAND case will go to trial in December, and by September at the latest, Apple and Ericsson must enter into formal mediation […]
There is also a procedural issue. Apple should have made a normal move as opposed to one urgent movement. “Urgent motions should only be made in truly extenuating circumstances and should not be used as a means to secure speedy information and a hearing before the Court,” Judge Gilstrap clarifies, and “finds that Apple has abused and misapplied the rules for emergency practice of motion in this Court’.
The judge also said that if Apple tries to do something similar again, he would consider sanctions against the company. However, despite this warning, Apple has taken significant steps to continue the legal battle in Colombia, claiming that its human rights are being violated.
Foss Patents writes:
Apple is leaving no stone unturned in its bid to overturn Ericsson’s Colombian iPhone/iPad injunction over a key 5G patent (SEP) and is now accusing Ericsson, its lawyers and the court that ordered the ruling of violating basic human rights rights. even citing Art. 8 of the famous Universal Declaration of Human Rights. I wonder what’s next – iPhone voting rights?
Article 8 of the Universal Declaration of Human Rights states:
Everyone has the right to an effective remedy by the competent national courts for acts that violate the fundamental rights recognized by the constitution or the law.
Breitbart News will continue to report on Apple and its legal maneuvering.
Read more at 9t05Mac here.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship. Follow him on Twitter @LucasNolan
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