Ericsson and Apple Expand Patent Litigation Across Europe and Beyond

Swedish telecommunications equipment manufacturer Ericsson has intensified its patent litigation campaign against Apple by filing new lawsuits in several European countries and Brazil. Previously, the patent dispute between the two companies was primarily confined to the United States, involving patent and International Trade Commission (ITC) proceedings.

This week, Ericsson confirmed to JUVE Patent that it has filed patent infringement lawsuits against Apple in Germany, specifically in Düsseldorf, Mannheim, and Munich. The company has also initiated legal actions in the Netherlands and Brazil. These lawsuits accuse Apple of infringing multiple patents, including those related to 5G technology.

In Düsseldorf, Ericsson filed two lawsuits against Apple, identified by case numbers 4b O 4/22 and 4b O 5/22. Details about the specific patents involved have not been disclosed. Additionally, there are reports of two further lawsuits filed in Mannheim, although neither Ericsson nor the Mannheim Regional Court has officially confirmed these filings.

Sources familiar with the matter indicate that Ericsson has also lodged several complaints in Munich, but detailed information remains unavailable as the cases are at an early procedural stage. In some instances, Apple has yet to be formally served with the complaints.

The litigation surge follows the expiration of a licensing agreement between Ericsson and Apple last year. The original agreement, executed in 2015, had a seven-year term and was not extended upon expiration.

In the Netherlands, Ericsson sought an anti-suit injunction (AASI) against Apple at the District Court of The Hague last autumn. However, the court dismissed Ericsson’s request for an interim preliminary injunction in early October and later rejected Ericsson’s claim for a pre-emptive AASI in the main proceedings. Apple had indicated it would not pursue any anti-suit injunction claims against Ericsson.

The recent European lawsuits coincide with Ericsson’s intensified legal actions in the United States. Reports from IAM and Foss Patents reveal that in January, Ericsson filed patent infringement suits against Apple in the US and requested import bans on Apple’s 4G and 5G products through three ITC complaints. Apple responded by seeking an import ban on Ericsson’s mobile base stations in the US.

While Apple has not yet initiated patent litigation against Ericsson in Europe, industry observers anticipate that the iPhone maker will likely file counterclaims in the near future. Similarly, Ericsson is expected to expand its litigation to additional European jurisdictions.

On January 24, 2022, the Mannheim Regional Court confirmed receipt of a lawsuit filed by Apple against Ericsson (case 2 O 9/22) alleging infringement of European Patent EP 29 45 332, which covers apparatus and methods for network resource allocation. It is believed that Apple filed this suit within the last two weeks, indicating a near-simultaneous escalation of the dispute in Europe alongside Ericsson’s filings.

Neither company has publicly confirmed the details of these lawsuits. Further filings are expected to become publicly known as courts register the cases and serve the defendants.

In addition to the German proceedings, Foss Patents reported—and Ericsson confirmed—that the company has filed two preliminary injunction requests against Apple in the Netherlands and has initiated substantive proceedings in Belgium. The anti-suit injunction proceedings in the Netherlands were led by Wim Maas, a partner at Taylor Wessing in Eindhoven.

The ongoing litigation underscores the intensifying global battle between Ericsson and Apple over mobile communications patents, particularly in the rapidly evolving 5G sector. The dispute’s expansion into multiple jurisdictions signals a protracted and complex legal confrontation ahead.