Judge likens Apple, Ericsson to unfaithful fiancées in patent case

A Texas federal judge scolded both Apple and Ericsson over their actions ahead of a trial in a 5G patent licensing dispute set for December, comparing them to unfaithful fiancées ahead of their nuptials.

Kelcee Griffis for Bloomberg Law:

“This strikes me that it’s much like two people who tell the world, ‘We can’t wait for our wedding in December and we’re so anxious to get married,’ and neither one seems to be particularly [chaste] or true to the other while the wedding is yet to take place,” Judge Rodney Gilstrap of the Eastern District of Texas said, according to a July 21 emergency hearing transcript obtained by Bloomberg Law.
Gilstrap, for example, pressed Apple’s counsel for suggesting the revival of an expired 2015 licensing agreement as a way to settle the dispute without first discussing it with Ericsson’s counsel.
Wilmer Cutler Pickering Hale and Dorr LLP, Fish & Richardson PC, and Gillam & Smith LLP represent Apple. Alston & Bird LLP, Hueston Hennigan LLP, and McKool Smith PC represent Ericsson.
The case is Ericsson Inc. et al v. Apple Inc., E.D. Tex., No. 21-cv-00376.

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