A court in Bogota, Colombia, has issued a preliminary injunction against Apple, which bans the company from selling the iPhone 13 and iPhone 12 in the country as well as several other devices.
Details of preventing the sale of iPhone 13 and iPhone 12
The decision prevents Apple, its subsidiaries and partners from importing, selling and even advertising some iPhones and iPads with 5G connectivity in Colombia.
This is Ericsson’s first major victory, as the licensing fee debate rages on for some standardized core patents (SEPs) related to 5G.
This initial injunction (which Apple is appealing against, of course) means that sales of the iPhone 12 and iPhone 13 series, as well as the newer iPads with 5G, must be halted in Colombia.
The judge also notified the local customs authority that imports of those same products are being banned, plus Apple is required to contact online and offline stores and social media platforms to stop selling and advertising already available iPhones and iPads.
The Colombian court also ruled that Apple would be prevented from attempting a court in another country to pressure Ericsson to lift the import and sales ban in Colombia (eg by asking a US court to penalize Ericsson’s US operations).
Interestingly, Apple has attempted to make the argument that there are currently no 5G networks available to consumers in Colombia and that “a patent injunction purporting to be a primary method cannot be enforced until 5G is activated in Colombia.”
Anyway, Colombia isn’t a big market for Apple, but Apple will have to pay Ericsson for the patents. Apparently Apple will pay less than $15 in SEP fees per phone, worth about 2% of the new iPhone sales price.
In your opinion, will the decision be transferred to other countries? Share with us in the comments.