The Hague District Court in the Netherlands rejected Ericsson’s request for a preliminary injunction on the grounds of alleged infringement by Apple, after Ericsson claimed that Apple’s iPhone, iPad, Apple TV, HomePod, and smartwatch infringed its EP 28 19 131 B1 patent. According to Juve Patent, the Hague District Court in the Netherlands found that the EP 28 19 131 B1 patent is not a standard-essential patent, but an implementation patent, and therefore rejected Ericsson’s request.
However, due to its importance, the patent is likely to play a role in future disputes over Ericsson’s SEP and non-SEP patent portfolio.
Ericsson is reported to have filed patent infringement lawsuits against Apple in at least six jurisdictions, including the US (ITC and district courts), Germany, the Netherlands, Brazil, Colombia and the UK, over a seven-year telecommunications patent agreement first reached in 2015. Negotiations for the renewal of the license contract failed.
Ericsson first filed the lawsuit in October 2021, alleging that Apple sought to undercut royalties by unfair means. Apple then filed a lawsuit in December, accusing the Swedish company of using “tough tactics” to renew patents.