The landmark Apple vs. Ericsson trial over 5G will start in June 2023

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Unless an agreement is reached, the Apple versus Ericsson 5G patent battle will not even start being heard in the US until June 2023.

The order to start the trial in June 2023 is accompanied by an order for the pair’s attorneys to have a scheduling conference on March 16. The scheduling of the trial, versus a scheduling of either parties dismissal motions is notable. Historically, based on Judge Gilstrap’s previous cases, this suggests that he will either not hear either dismissal motion, or isn’t putting a lot of credence on the filings for dismissal.

The filing, first noted on Wednesday morning by Foss Patents, is later than Apple wanted, and earlier than Ericsson desired.

It’s not clear if there are settlement talks ongoing, as there were in 2015 prior to the landmark settlement between the pair. It’s not clear yet what the timetables are for the international complaints.

Apple versus Ericsson, the story so far

The two companies have been in a patent licensing dispute for years. Back in 2015, both Apple and Ericsson filed lawsuits against each other, which ultimately led to the latter company seeking an iPhone ban in the U.S.

Apple and Ericsson reached an agreement in December 2015, which resolved the dustup between the two firms. The license agreement — which covered 2G, 3G, and 4G technology — is still in effect until the end of 2020. It did not include 5G technology.

After a six-year hiatus, the saga restarted in October 2021. Ericsson reached out to Apple to begin negotiations for a cross-licensing arrangement, three years after announcing its 5G royalty rates. Apple integrated Ericsson’s solutions knowing those rates, Ericcson’s initial complaint reads.

Ericsson supplied Apple with 100 claim charts demonstrating the strength of its SEPs. The parties met on Sept. 21, 2021, to discuss Apple’s analysis of the information, which “made clear there is a dispute between Apple and Ericsson as to the essentiality, and value, of…