Colombia Bars Import and Sale of 5G Apple Products in Ericsson Patent Row

11 JULY 2022 - Confusion in Colombia - I’m confused, anyway. A piece from Apple Insider says a court in Bogota has ruled that any products Apple sells that use 5G are in violation of patents held by Ericsson. After a bond posted by Ericsson, the Colombian court issued a preliminary injunction that bans Apple’s subsidiary in the country from importing, advertising, or selling any 5G products. The company also has to “‘warn and communicate’ with retailers, social media platforms, mass media, and other firms to ensure compliance.”

None of that’s the confusing part. Draconian, maybe, but not confusing. Here comes the confusing part. According to Apple Insider, the judge in the case:

…decided that Apple cannot seek or enforce an “antisuit injunction” from a foreign country that can prevent or restrict the enforcement of the preliminary injunction.

Which I guess means no other country is going to tell Colombia what it can or cannot do. According to the report, “the so-called ‘anti-antisuit injunction,’ makes it hard for Apple to gain an antisuit injunction against Ericsson, as that would go against the court order.” So, Apple has gone to the Eastern District of Texas to file an antisuit damages case. According to Cupertino’s argument, the Colombian injunction gives Ericsson “economic and logistical leverage” to pressure Apple into giving in and paying what Ericsson wants, rather than letting the courts decide what’s right. Apple wants the U.S. court to have Ericsson “indemnify Apple from any fines, fees, penalties, and costs it incurs as a result of the Colombian injunction.” The way Apple Insider explains it:

The logic behind the move is that Apple's motion isn't seeking an antisuit injunction, but instead an antisuit damages claim, which would technically appease the Colombian court's limitations.

I think I understand. To be sure though, I’m going to need a cork-board, some yarn, and some pushpins.