U.S. court rejects Apple bid to make Ericsson pay for ‘secret’ Colombian litigation

Ericsson logo is seen at its headquarters in Stockholm, Sweden June 14, 2018. REUTERS/Olof Swahnberg

(Reuters) – An East Texas federal court on Thursday rejected Apple Inc’s request to have Ericsson Inc cover any losses stemming from a Colombian court order that blocked some iPhone sales there.

Apple, which is locked in a dispute with Ericsson over 5G wireless patents, has accused the company of filing “secret” lawsuits against it outside the United States. But Apple failed to show that the Colombian order caused any imminent harm that would justify its request for indemnification, U.S. District Judge Rodney Gilstrap said.

The companies and their attorneys did not immediately respond to requests for comment.

Ericsson sued Apple in Texas last year, seeking a declaration that it offered Apple fair terms for licenses to its 5G wireless patents as required by international standards groups for certain technologies. According to Apple, the companies agreed that the Marshall, Texas, court would determine the appropriate terms for a global license.

Apple told the court earlier this month that Ericsson filed more than a dozen lawsuits against the company in Colombia without notice, and several more around the world, as part of an effort to make Apple submit to its demands before the December trial in Texas.

Apple said in one of the cases a Bogota court blocked it from selling phones that allegedly infringe an Ericsson 5G patent. Apple asked the Texas court to force Ericsson to cover its expenses resulting from the Colombia order.

Ericsson responded that Apple’s rhetoric about its leverage from the order was “overblown,” and said that the Colombian case did not affect the Texas case.

Gilstrap said he understood Apple’s frustration with Ericsson having “hop-scotched all over the planet” filing lawsuits “as a means to bring pressure” against it.

“However, the Court simply does not find that Ericsson’s actions pose an imminent risk of harm to this court or its management of this case,” Gilstrap said.

The case is Ericsson Inc v. Apple Inc, U.S. District Court for the Eastern District of Texas, No. 2:21-cv-00376.

For Ericsson: Ted Stevenson of Alston & Bird; Nicholas Mathews of McKool Smith; and Christine Woodin of Hueston Hennigan

For Apple: Mark Selwyn and Joe Mueller of Wilmer Cutler Pickering Hale & Dorr; Ruffin Cordell, Ben Elacqua and Betty Chen of Fish & Richardson

Read more:

Apple says Ericsson filed ‘secret’ Colombian patent lawsuits to sideline Texas court

Ericsson sues Apple to clear proposed 5G patent licensing rates

Ericsson sues Apple again over 5G patent licensing

Ericsson settles patent dispute with Samsung

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