Ericsson has sued smartphone maker Wiko, in the regional courts of Düsseldorf and Mannheim in Germany, for infringement of patents essential for 2G, 3G and 4G cellular technology. The suit, filed on August 14, 2017, also covers implementation patents.
According to the suit, Wiko has been infringing Ericsson’s intellectual property rights for six years without any license or compensation. Ericsson has tried to establish a fair, reasonable, and non-discriminatory (FRAND) license agreement with Wiko since May 2013, but has not succeeded. As a last resort, Ericsson has decided to exercise its legal rights to enforce its patents against Wiko’s infringing products.
In a media release, Gustav Brismark, Chief Intellectual Property Officer at Ericsson, said: “Global sharing of technology and open standards are the force behind the smartphone revolution and have allowed new entrants, such as Wiko, to quickly build successful businesses. This ICT eco-system only works, however, if all market players respect the basic rules of FRAND licensing. It is unfair for Wiko to benefit from our substantial R&D investment without paying a reasonable license fee for our patented technology.
“Our ambition has always been to reach a mutually fair and reasonable license agreement with Wiko, just as we do with all of our licensees.”
Ericsson has one of the industry’s strongest intellectual property portfolios, which includes more than 42,000 granted patents worldwide. Ericsson’s patent portfolio covers 2G, 3G and 4G/LTE technologies, and the company plays a key role in the global organizations that are developing standards for 5G technologies.
Founded in 2011 and based in Marseille, South of France, Wiko aims to “share its expertise with customers by offering them products similar to them, thereby facilitating their daily lives.”