Just days after Ericsson filed two lawsuits against Apple covering a total of 12 separate patents pertaining to the use of its 2G, 3G, and 4G technology in iPhones, Apple has filed an ITC complaint against the Swedish firm alleging a similar infringement of its 5G technology.
Apple files ITC complaint against Ericsson
As noted by Florian Mueller at FOSS patents, Apple claims that Ericsson infringes on three patents it owns pertaining to mmWave technology used to power 5G connectivity in the iPhone 12 and iPhone 13 lineup. The Cupertino tech giant further claims that Ericsson uses these patents in mmWave antenna radio units and radio baseband units and their respective components. In the ITC complaint Apple filed, it asks for an investigation into this unlawful important and seeks a ban on any products that infringe on its patents.
These are the asserted patents, two of which are from the same family and all three of which are related to millimeter wave (mmWave) technology:
U.S. Patent No. 9,882,282 on “wireless charging and communications systems with dual-frequency patch antennas”
U.S. Patent No. 10,263,340 (same title, same family as ‘282 patent)
U.S. Patent No. 9,667,290 on an “electronic device with millimeter wave antennas”
Apple says it is willing to withdraw its complaint and legal actions if the Swedish firm does the same.
To the extent Respondents are willing to withdraw all of their lawsuits and legal actions, Apple is willing to do the same. However, if Respondents are not willing to agree to having the Texas court determine the FRAND terms for a cross license, Apple is forced to respond to Respondents’infringement of Apple’s patents.
Earlier this week, Ericsson filed two lawsuits against Apple after negotiations between the two companies failed to conclude before Apple’s 7-year licensing deal expired in December 2021.
The cases could not have been brought to court until the licensing agreement expired but they are not the first suits Apple or Ericsson have filed against each other. In October 2021, Ericsson sued Apple at the U.S. District Court for the Eastern District of Texas to accelerate the 5G licensing negotiations. In turn. Apple in December 2021, filed a lawsuit against Ericsson accusing the company of using “strong-arm tactics” during negotiations over 5G network licensing.