Bloomberg Law
May 3, 2022, 7:23 PM

Apple Has Options If Ericsson Patent License Offer Found Fair

Matthew Bultman
Matthew Bultman

Apple Inc. isn’t required to accept the terms of an Ericsson Inc. license offer for patents essential to industry standards if it’s decided that offer was fair and reasonable, an East Texas federal judge decided.

Apple and Ericsson are fighting over licensing rates for standard essential patents related to 4G and 5G technology, which includes a license offer Ericsson made in October 2021. Judge Rodney Gilstrap said a fundamental feature of contract negotiation is the offer only becomes binding when it’s accepted by the other side.

“The Court knows of nothing unique to the SEP scenario that alters these principles ...