According to Ericsson, Wiko has been infringing its patents for six years, despite attempts by Ericsson to establish a licence agreement under fair, reasonable and non-discriminatory terms (FRAND).
Ericsson said it has reached its “last resort” and “decided to exercise its legal rights to enforce its patent against Wiko’s infringing products”.
Gustav Brismark, chief IP 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.”
He added: “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.”
In an interview earlier this month, new vice president of global patent licensing at Ericsson, Roy Maharaj, said Ericsson would not shy away from enforcing its patents against prospective licensees that refuse to negotiate in good faith.
Maharaj said Ericsson would always seek to engage in good faith negotiations for patents essential to a technology, but he said there would always be those who are unwilling to do so and “continue to hold out and engage in inefficient and expensive practices in order to avoid paying royalties”.
“In those instances, Ericsson, as we have demonstrated, will not be shy about pursuing alternative paths to a resolution and those who do hold out should fully expect to pay a higher fee than those who are truly willing licensees and reach timely settlements,” he said.