Context:
- Nokia sued payment terminal maker Verifone in the Unified Patent Court (UPC) over standard-essential patents (SEPs) (March 14, 2024 ip fray article). The short-lived litigation was resolved five months later in the first-ever UPC SEP settlement (August 14, 2024 ip fray article).
- Ericsson is presently enforcing SEPs against China-based low-cost smartphone maker (and African market leader) Transsion (January 30, 2026 ip fray article).
- Two days ago we discovered an Ericsson v. Acer after-hours filing in Delaware (February 18, 2026 ip fray article). It wasn’t clear initially what the code for “patent infringement” meant, but when the complaint became downloadable we saw that it’s a declaratory judgment (DJ) action in response to Acer having sued three major U.S. carriers as part of its dispute with Nokia, but potentially with collateral damage to Ericsson.
What’s new: Today Ericsson made two filings against Verifone with the UPC. In the Mannheim Local Division (LD), Ericsson is asserting a cellular SEP and additionally asking the court for a declaration of FRAND (fair, reasonable and non-discriminatory licensing) compliance. In the Hague LD, Ericsson is simply asserting a SEP.
Direct impact: This appears to be just a run-of-the-mill SEP licensing dispute. Such enforcement actions result from someone’s rejection of a licensing offer, and based on what became known in connection with its disputes with Transsion and others, there was presumably a neutral arbitration offer on the table as well. Even if this one didn’t settle quite as quickly as Nokia v. Verifone did, it would be a surprise if it lasted years.
Wider ramifications: For now we are not aware of any Ericsson v. Verifone filings in other jurisdictions. The UPC has proven its potential to single-jurisdictionally drive settlements.
Ericsson’s FRAND venue choice is interesting: against Transsion, they brought a FRAND claim in the Hague LD. Both the Hague LD and the Mannheim LD have previously expressed a willingness to entertain FRAND claims.
Payment terminals are an Internet of Things (IoT) product category. They went from mechanical (carbon copies of credit cards) to Ethernet to WiFi and now increasingly cellular connectivity, resulting in a need to license the relevant patents.
Counsel
Ericsson’s complaint with the Mannheim LD was filed by Kather Augenstein (ip fray firm profile in the making). In the Hague LD, Ericsson is being represented by Taylor Wessing, a firm that is presently merging with U.S. firm Winston & Strawn (January 30, 2026 Winston & Strawn press release), an intriguing combination for future U.S.-UPC disputes.
Against Nokia, Verifone was represented by Hoyng Rokh Monegier’s (ip fray firm profile) Klaus Haft, whose biggest UPC FRAND fight at the moment is his representation of Amazon against InterDigital (February 12, 2026 ip fray article).