In the ongoing patent infringement battle between Apple and Ericsson, Apple responded by saying that the Colombian iPhone order violated human rights.
9to5Mac reports that in the ongoing battle of rights violations between Apple and Ericsson, Apple responded to Colombia’s iPhone ban by saying it violated human rights. The company requested emergency assistance in Colombia just days after a US judge warned it not to abuse Colombia’s judicial system by issuing emergency requests in non-emergency situations.
(© AFP/File Johannes Eisele)
(David Paul Morris/Bloomberg via Getty Images)
5G iPhone and iPad use proprietary technology from Ericsson, which has long been licensed by Apple. However, Apple was not satisfied with the amount received for the license and stopped the payments. This means that Apple is currently infringing on Ericsson’s patents, and the company is now trying to ban the iPhone in several countries by filing injunctive relief actions against the import and sale of 5G-enabled iPhones and iPads.
Erickson was able to file an injunction action in Colombia, and the court ordered the suspension of all iPhone sales in the country. In response, Apple filed an urgent lawsuit in the Eastern District of Texas seeking damages from Ericsson for Columbia’s damages. The company has also filed several counterclaims against Ericsson.
A Texas judge rejected Apple’s move and criticized the company for abusing its emergency petition process for non-urgent matters.
Foss Patents wrote:
Unless Judge Gilstrap considers Apple to have caused “inevitable and irreversible damage” as a result of enforcement actions in other jurisdictions, he may sit down and discuss the license with Ericsson. The Texas FRAND lawsuit is due in December, and Apple and Ericsson must begin formal mediation by September at the latest. […]
There is also the issue of procedure. Apple should have filed a regular petition, no traffic. “Emergency proposals should only be made in truly extenuating circumstances and should not be used as a tool to provide an expedited program of briefing and court hearings,” said Judge Gilstrap, “and found that Apple had abused and abused the emergency rules.” enforcement motions in this Court. ”
The judge also said that Apple would consider fines against the company if it tried to do such a thing again. But despite this warning, Apple has taken serious steps to continue the legal battle in Colombia, which it claims violates human rights.
Foss Patents wrote:
Apple throws no punches in Ericsson’s efforts to overturn its decision regarding a patent required for the 5G standard (SEP) to Colombian iPhones/iPads and is now accusing Ericsson, its lawyers and the court of violating basic human rights. There was even reference to Art. The famous Universal Declaration of Human Rights 8. I wonder what will happen next – the right to vote for iPhones?
Article 8 of the Universal Declaration of Human Rights states:
Everyone has the right to an effective remedy by the competent national courts in case of violation of the fundamental rights granted to him by the constitution or law.
Breitbart News will continue to report on Apple and its legal maneuvers.
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Source: Breitbart
