Cupertino appealed against the court’s decision, arguing that Gradiente’s patent should be canceled through expiration, since the Brazilian manufacturer did not use the iPhone name from January 2008 to January 2013. Gradiente Eletronica is based in Manaus and it sells android based smartphones. Their main product is the iPhone Neo 1 and it sells for $304.

Apple may continue selling iPhones in Brazil but there is a catch: after today’s decision, Gradiente Eletronica has a possibility to sue for exclusivity in the Brazilian market, the biggest in South America. This matter has the potential to badly damage Apple’s business since its partner Foxconn, the company which currently manufactures the iPhones and iPads has factories in Brazil.

Yet, according to Bloomberg, the chairman of Gradiente said: “We’re open to a dialogue for anything, anytime… we’re not radicals”, notes BBC