Apple can now legally sell iPhone 14 models in Columbia for the first time, with iPhone 12 and iPhone 13 also coming along.
The news comes after a Colombian judge overturned a preliminary injunction preventing Apple from selling 5G devices in the country following claims from Ericsson that they infringed its patents. With the preliminary injunction overturned by the Sala Civil del Tribunal Superior del Distrito Judicial de Bogotá DC, (Superior Court for the Judicial District, Civil Law Division), Apple can finally release its best iPhones in Columbia.
Whether they’ll be banned again in the future, however, remains to be seen, with multiple Ericsson Vs Apple rulings set to come out in early 2023.
5G for everyone, or not
The irony here is that the 5G network in Columbia doesn’t exist, which means that even if people bought 5G iPhones, they wouldn’t be able to get the most out of them. That didn’t stop Ericsson from getting involved about four months ago, forcing Apple to skip the iPhone 14 launch and 5G-capable iPads entirely.
Foss Patents reports that the decision to overturn the injunction has been reversed because the appeals court has access to more information than previously allowed for the original court. “Apple argued that there were ‘significant differences’ between the claim language and the relevant part of the 5G standard,” for example, with an affidavit from an expert also provided by Apple.
Now that Apple can release the iPhone 14 series, it can also bring other 5G devices back to market in Columbia. But with general patent decisions expected to take place in 2023, Apple may be forced to withdraw its products from sale or pay licensing fees.
It is possible that Apple and Ericsson will agree on a settlement before then.