(Bloomberg) — Ericsson AB filed new patent-infringement lawsuits against Apple Inc., escalating a legal battle that shows licensing talks between the two over 5G telecommunications technology are going poorly.
Two lawsuits, both filed Monday in a west Texas court known to be friendly to patent owners, claim that Apple’s iPhones, iPads and watches are using Ericsson’s patented inventions that the Swedish company says are essential parts of industry standards for telecommunications, including for 5G.
Even before their 2015 licensing agreement expired, the companies had been lobbing lawsuits against each other. Ericsson sued Apple in October, accusing it of “bad faith” in negotiations. Apple responded with its own suit in December, claiming Ericsson was using “strong arm” tactics in negotiations.
“Since the prior agreement has expired, and we have been unable to reach agreement on the terms and scope of a new license, Apple is now using our technology without a license,” Ericsson spokesperson Mikaela Idermark said in an emailed statement.
Ericsson is counting on its long history in telecommunications — the lawsuit notes the company sold its first phone in 1878 — and critical role in developing communications and streaming technologies for phones and other devices. It’s been a key player in standard-setting boards and the patents in the case cover areas such as roaming, signaling and transmission of system information.
Stockholm-based Ericsson said it’s complied with requirements set by the boards that it license its patents on fair and reasonable terms, but Apple has been “deliberate and willful” in using the inventions without paying.
In its lawsuit filed in December, Apple contended that Ericsson is a smaller player when it comes to the newest generations of mobile communications, yet is demanding a “sticker price” of $5 per device as if it’s still the biggest contributor to the industry standards.
The Cupertino, California-based company, in past statements, said it “has always been willing to pay a fair price for technology used in our products,” and claimed the first suit by Ericsson was “an attempt to extort more money.”
Apple asked a judge in eastern Texas — another court with a high number of patent cases — to set a global rate for standard-essential patents.
The two companies have a history of taking their disputes over licensing to the courts. Apple first licensed Ericsson patents in 2008, the year after the iPhone was introduced. It took a year of dueling lawsuits before the agreement was renewed in the seven-year deal signed in 2015.
The new cases are Ericsson AB v Apple Inc., 22-60 and 22-61, both U.S. District Court for the Western District of Texas (Waco).
More stories like this are available on bloomberg.com
©2022 Bloomberg L.P.
