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Apple can no longer import or sell its iPhone 13 and 12 in Colombia

Manzana saw how a court in Bogotá, Colombia, granted Ericsson a prior injunction against the company pomme crunche and its subsidiaries and partners for import, sell and even advertise some models of iPhones and iPads with 5G connectivity.

This preliminary court decision, which Apple is obviously appealing, directly affects all of its devices iPhone 13, iPhone 12 and to all iPad that have 5G connectivity. The judge also informed the local customs authority that block imports of these same productsmore Apple needs to contact online and offline stores and social media platforms stop selling and advertising iPhone and iPad which are already in stock.

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The Colombian court also granted a “anti-anti-request injunction”. Simply put, this prevents Apple from trying to use a court in another country to pressure Ericsson to lift the ban on imports and sales in Colombia, for example by asking a court to United States to sanction Ericsson’s operations in the United States as a way to force Ericsson to drop the issue in the face of a possible veto.

“Judge Ronald Neil Orozco Gómez ruled that Apple should not seek or enforce an anti-claim injunction from a foreign country that prevents or restricts Ericsson’s enforcement of the preliminary Colombian injunction. This type of injunction is called an anti-claim injunction: an injunction against an anti-claim injunction (actual or – as in this case – potential).

Since then, the Munich Court has developed its anti-suit case law to protect its jurisdiction over German patents (or, in most cases, German parts of European patents) from foreign interference, including by ordering that a lawsuit are available on a preventive basis if certain conditions are met. Not only has another German court (the Düsseldorf Regional Court) taken this approach, but courts in other jurisdictions have found at least some of the logic of the Munich court persuasive, which seems to have happened in Colombia as well. .”

Apple’s lawyers sought a curious ruse in arguing that there is currently no 5G network available for consumers in Colombia and that “an injunction on a supposedly essential 5G method patent cannot be enforced until a 5G network is activated in Colombia“.

However, the Colombian judge did not believe that since phones and tablets can infringe the patent as soon as as a local operator launch its next generation network, something that could happen during the trial itself. If we take into account that the first 5G network in Colombia should start operating Later this yearis a fairly reasonable judgment.

Via: Gsmarena

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