Out-Law News 1 min. read

Ericsson sues Sendo for patent infringement


Telecoms supplier Ericsson has sued mobile phone maker Sendo in the UK , Germany and the Netherlands, alleging patent infringement. The suits seek damages and to stop Sendo making further sales of its mobile phones.

The two companies had been negotiating Sendo's use of Ericsson's GSM (Global System for Mobile communications) and GPRS (General Packet Radio Service) patented technologies – technologies that, according to the Financial Times, must be used by manufacturers to comply with standards set by the European Telecommunications Standards Institute (ETSI).

However, the talks appear to have broken down.

"Basically, all we ask is that companies who use technology invented by Ericsson compensate us for this, the same way we are prepared to compensate others for our use of their technology," said Kasim Alfalahi, Vice President of Patent Licensing with Ericsson. "We believe that Sendo is using Ericsson patented technology, but they have so far not signed a license agreement with Ericsson. Under these circumstances we have no choice but to take Sendo to court."

UK-based Sendo expressed shock at the filings and, according to reports, has suggested that the suit may be in response to complaints made by Sendo to European competition authorities over the differing rates at which the patents were licensed to mobile phone manufacturers.

"Ericsson and others are misusing the ETSI and its licensing regime and, in fact, are operating under the cloak of a cartel between Ericsson and others whose object is to limit third-party competition," Sendo told the Financial Times.

Speaking to CNET News.com, Sendo's CEO Hugh Brogan added, "It's not that we don't want to license the intellectual property but we believe it should be fair, reasonable and non-discriminatory. We thought we were doing things the responsible way."

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