With the decision of the 43rd court of the Bogotá circuit to prohibit the sale of Apple models (iPhone and iPad) that handle 5G technology (fifth generation) in Colombia, a case that originated in a legal dispute between Apple and Ericsson in the United States, left many doubts for users.

To clarify the questions, Carlos Olarte, Ericsson’s attorney and partner at the Olarte Moure firm, spoke with EL TIEMPO to give the Swedish company’s version.

(Also read: “Apple is the one who decides when the discussion ends”: Ericsson’s lawyer)

The Bogotá court found that Apple infringed the Colombian patent NC2019/0003681, which is necessary to develop 5G technology. This permit was granted to Ericsson in the year 2019 and is valid until December 2037.

The inconvenience arises because Apple’s license to use 5G technology expired on January 14 of this year and Ericsson, not seeing an intention to negotiate, decided to file several lawsuits around the world.

This is the first time that Colombia has been included in the demand list and, according to Olarte, this is because they consider that the country has a well-structured regulation in terms of patents.

It should be noted that this measure only limits the importation, sale and marketing of the aforementioned devices. Therefore, the operation of 5G iPhones or iPads that have already been purchased and are in use is not compromised.

In addition, the iPhone and iPad with 5G that are in the country to be sold may be marketed since the restriction applies to merchandise that intends to enter the country, explained Ericsson’s lawyer.

(Also: What Apple responds to the ban on selling iPhone and iPad 5G in Colombia)

“What we will see in the market is a depletion of stocks and this will be in place as long as the precautionary measure is in place. I believe that we would see an exhaustion of these products in the next 30 or 40 days,” added Olarte.

The devices that would be affected by this determination are the iPhone SE 2022, the iPhone 13, iPhone 13 Mini, iPhone 13 Pro, iPhone 13 Pro Max, iPhone 12, iPhone 12 Mini, iPhone 12 Pro, iPhone 12 Pro Max. Plus the iPad Pro (11-inch) and iPad Pro (12.9-inch).

Although the fifth generation network is not yet available in the country, Ericsson argues that this is not a reason why litigation cannot be carried out in this regard, taking into account that a user can take out their device and connect it to a 5G network in another country, which causes Apple to profit and offer a technology for which it has not paid the necessary licenses to use it.

What does Apple say?

Apple Inc. has accused Ericsson of covertly filing patent lawsuits in Colombia in an attempt to force Apple to abandon a court dispute in Texas and accept the patent license proposed by the Swedish multinational, Reuters reported.

(You may be interested: They prohibit the sale of any iPhone and iPad 5G in Colombia)

The company founded by Steve Jobs told the Federal Court in Marshall, Texas, that Ericsson filed more than ten lawsuits in Colombia, all “in secret” and “without prior notice to Apple”, seeking to lobby in his fight over license fees for Ericsson’s 5G wireless standard, which is essential for patents.

It also accused Ericsson of filing “secret” requests for court orders around the world to block imports and sales of its products, forcing Apple to deal with the costs or submit to Ericsson’s lawsuits before a trial in Texas court scheduled for December.

This newspaper tried to communicate with the law firm in charge of representing Apple in the legal dispute, but they indicated that they would not present statements for the moment, without giving further explanation.

Another concern for users focuses on knowing what other technologies would be at risk.

(Of your interest: Apple will launch a new sports watch model with a larger screen)

Olarte indicated that it is possible to see cases of litigation with 4G technology, since a global debate is taking place on this issue. In addition, the lawyer indicated that he considers that Colombia could become a determining country for these litigations, where companies would begin to bring their patent lawsuits due to the measures that are being taken.

For now, Apple will surely file the respective appeal measures to defend itself, thus seeking to re-import their devices with 5G technology in the country before they begin to be scarce in stores.

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