Client Alert

Article published by IAM on Ericsson v. Apple in Brazil

January 18, 2023

Our partner Carlos Aboim was interviewed by IAM for the article “Ericsson-Apple settlement came hot on the heels of landmark Brazilian ruling”, which was published this Tuesday (January 17). The text emphasizes that the licensing agreement between Ericsson and Apple, considered “one of the most important IP events of 2022”, took place after a historic decision by the Brazilian Superior Court of Justice in favor of Ericsson, represented by Licks Attorneys. According to the article, “affirming the right of SEP owners to an immediate preliminary injunction, the judgment reinforces Brazil’s growing attractiveness as a venue for global FRAND litigation. It may also have pushed the companies’ settlement over the line.”

Carlos Aboim, in charge of Ericsson’s defense in Brazil, drew attention to the growing number of SEP infringement lawsuits filed in the country in recent years. “Between 2012 and 2019, there were only six lawsuits ever filed concerning the infringement of SEPs in the country. With courts from the largest Latin American economy granting, upholding and enforcing injunctions that are crucial for SEP owners to fend off unwilling licensees, the numbers increased rapidly, with eight SEP infringement lawsuits being filed over the past two years. Recent cases such as Ericsson v Apple and Philips v TCL clearly show that filing in Brazil is the gold standard for SEP enforcement.”

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