Monday, January 24, 2022

First overseas countersuit by Apple against Ericsson discovered in Mannheim, patent-in-suit relates to network bandwidth allocation

More and more details of the Ericsson-Apple patent dispute become known. Yesterday I provided an update on Ericsson's patent assertions against Apple, which include (inter alia) that Ericsson is seeking a preliminary injunction in Brazil over three patents and told Apple's counsel it would seek preliminary injunctions in the Netherlands, too.

Apple countersued last week. The first 2022 Apple v. Ericsson case to be discovered was a complaint with the United States International Trade Commission, requesting an import ban on Ericsson base stations over three mmWave-related patents.

Juve Patent today found out from the Mannheim Regional Court that Apple brought at least one case there against Ericsson: case no. 2 O 9/22 (which means that it has been assigned to the Second Civil Chamber under Presiding Judge Dr. Holger Kircher) over EP2945332 on an "apparatus and methods for network resource allocation." It's a homegrown Apple patent with a 2008 priority date, and the "network resource" whose allocation the patent focuses on is bandwidth. It's about dynamic bandwidth allocation in a network such as "a routed wireless IP network." It's entirely unrelated to the patents Apple is asserting in last week's ITC complaint.

In Mannheim, Apple is typically a defendant. About ten years ago Apple was asserting six patents there against Samsung, all of which were assigned to the Seventh Civil Chamber (under Presiding Judge Andreas Voss ("Voß" in German) at the time), and Apple won none of those cases. The patents-in-suit of then were unrelated to dynamic network bandwidth allocation.

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