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HUAWEI v. Samsung torts today verdict the court to decide that Samsung immediately stopped Torts

via:博客园     time:2018/1/11 16:53:52     readed:176

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The morning of January 11th, HUAWEI sued Samsung infringing intellectual property rights case verdicts, the Shenzhen intermediate people's court Intellectual Property Tribunal of second announced that the defendant Samsung immediately stop manufacturing sales and sales promise form, HUAWEI 201110269715.3 patent infringement behavior, dismissed the other litigation request of HUAWEI.

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The court held that Samsung violated the standard patent in the negotiation of FRAND (fair, reasonable and non discriminatory principles), deliberately delayed negotiations, the strength of standard patent Samsung and HUAWEI communications, but licensed to HUAWEI's licensing fee is licensed to HUAWEI three times Samsung, the two sides can continue negotiations after the verdict.

The plaintiff, HUAWEI, claims that the plaintiff has a large number of necessary patents for wireless communication standards. The patent for invention No. 201010137731.2 and No. 201110269715.3 enjoyed by the plaintiff is a necessary patent for 4G standard. Permit the defendant without the plaintiff, infringed its patent right by manufacture, sale, offering for sale, import way, and did not follow in the FRAND licensing negotiations (fair, reasonable and non discriminatory principles), has obvious fault, request the court to order the defendant to immediately stop the infringement of the patent.

Samsung HUAWEI patent war time node

In May 2016, HUAWEI accused SamSung of infringement and filed a lawsuit against Samsung in the Northern District Court of California and the Shenzhen intermediate people's court.

In June, HUAWEI was again suing Samsung to the Quanzhou central court for a claim of 80 million 500 thousand yuan.

In July, Samsung HUAWEI sued the Beijing intellectual property court, claims 161 million yuan;

In April 2017, the Quanzhou middle court decided that the Samsung total of 22 products patent infringement, Samsung compensation for more than 8000 yuan HUAWEI;

In September 2017, the Patent Review Committee of the State Intellectual Property Office announced 8 retrial decisions related to the Samsung patent. In this, 5 patents were declared invalid, 1 were invalid and only 2 were valid.


The whole article read HUAWEI v. Samsung infringement case: domestic mobile phone has a feeling of exaltation upon fulfillment

In the morning of January 11th, HUAWEI filed a lawsuit against Samsung for infringing the intellectual property rights. The first instance of the case was declared, and the second intellectual property court of Shenzhen intermediate people's court announced that the defendant Samsung immediately stopped selling HUAWEI's patent rights in the form of manufacturing sales and promised sales, and dismissed HUAWEI's other claims.

This lawsuit will come from the May 2016.

One, HUAWEI accusations of Samsung's infringement

In May 25, 2016, HUAWEI announced that it had filed intellectual property litigation against Samsung Corp in the United States and China, including California North District Court and Shenzhen intermediate people's court. In its lawsuit, HUAWEI asked Samsung Corp to compensate HUAWEI for its intellectual property infringement, which includes high-value patents related to communication technology and software used by Samsung mobile phones.

This is the first time Chinese companies have asked the mobile phone giants to ask for patent rights through legal means. In this regard, Samsung Electronics said on Wednesday that the company would defend itself in a patent lawsuit filed by HUAWEI to defend the company's commercial interests.

From the purpose of HUAWEI's lawsuit, it is important to sign the authorization agreement and obtain the due patent fee. In fact, behind the lawsuit, it is implied that both sides are redividing market share in order to compete for the increasingly fierce smartphone market. The latest data of Gartner show that in the first quarter of 2016, the market share of Samsung mobile phone reached 23.2%, expanding the leading edge of apple (14.8%), while HUAWEI's market share further increased to 8.3%, ranking third. HUAWEI's market share is going to be further expanded, and Samsung and apple are the threshold.

At the time, Xiang Ligang, an expert in the communications industry, believed that the Huawei lawsuit against Samsung was

Some analysts believe that HUAWEI started the first patent battle with Samsung, in addition to the substantive protection for intellectual property rights, the patent also has marketing means, namely the use of patent war, to enhance their innovation in the global position with apple, Samsung, at the same time to Qiaoshanzhenhu for domestic still powerful competitors and the manufacturer has no respect for intellectual property rights.

Two, HUAWEI prosecuted Samsung again

In June 2016, HUAWEI sued Samsung to prosecute the Quanzhou intermediate people's court, claiming that a total of 16 Samsung mobile phones including Samsung's latest Galaxy S7 (G9300) were suspected of patent infringement and claimed 80 million 500 thousand yuan (including 500 thousand yuan of reasonable expenses).

Three, Samsung will HUAWEI to court

In July 2016 , Samsung ' s powerful return to patent litigation initiated by Huawei , Samsung has filed a patent infringement lawsuit against China , which is represented in the indictment .

Samsung, HUAWEI Technologies Co. Ltd., Beijing Donghongsheng Department Store Co. violated its patent rights, therefore sued the Beijing intellectual property court, asked the two defendants to stop the production, sale, offering for sale and other violations, and in two of cases, respectively claim compensation for economic losses and reasonable expenses totaling 80 million 500 thousand yuan. 161 million yuan.

Obviously, Samsung's patent litigation initiated by HUAWEI is a counterattack to Samsung's prosecution of Samsung. Samsung even claims two times the amount claimed by HUAWEI.

Since HUAWEI sued Samsung started in the industry, it is not a small whirlpool, outside the congregation situation.

The majority of the voices are that this is the first time that a Chinese enterprise that has accumulated patents has been on the international stage.

Four, Samsung compensates for more than 8000 yuan of HUAWEI

In April 2017, the patent infringement case of HUAWEI v. Samsung, which was accepted by the Quanzhou central court, had a trial decision. The court of first instance found the Samsung Corp, total 22 products constitute patent infringement, and the judgment of the Samsung Corp to stop manufacturing, selling, offering for sale the mobile terminal patented technology program a total of 22 Galaxy series mobile phone, at the same time, the Samsung Corp for HUAWEI terminal company 80 million yuan of economic losses and to stop the infringement to pay a reasonable fee of $500 thousand.

Samsung was not satisfied with the court's decision and declared for reconsideration, but by the patent office's review, all the invalid reasons submitted by Samsung were not established. The reconsideration was finally rejected.

In September 30, 2017, the Patent Review Committee of the State Intellectual Property Office issued eight reexamination decisions on patent invalidation related to the Samsung patent. Of these, all 5 were declared invalid, 1 parts were invalid and only 2 were valid. The five invention patents, which are declared invalid, involve both the function of mobile phones and the dual mode functions of mobile phones. They both have screen control functions, as well as many basic communication aspects.

Up to that time, in 2016, Samsung filed a total of 16 patents against HUAWEI patent infringement in the Chinese market, and 15 of them had the re examination decision of patent validity, and a total of 10 pieces were declared invalid, accounting for 62.5%.

Li Junhui, a special researcher at the intellectual property Research Center of China University of political Science and Law, pointed out that Samsung's patent prosecution against Huawei should be regarded as part of its patent arsenal.

In December 2017, the Supreme Court of Fujian province made the final judgement of the second instance by trial, 1) maintained the first instance of the Quanzhou intermediate people's court for 234, and 2) the right to change the first instance of the Quanzhou intermediate people's court.

So far, in the total number of ten patent infringement lawsuits of HUAWEI and Samsung, the only one case was decided, though appealed, it still ended in Samsung's defeat.

Final judgment means that a decision immediately, even if Samsung refuses to accept, Samsung also need to implement the court decision, that is to pay 80 million 500 thousand yuan HUAWEI tort compensation, at the same time, the court in accordance with the production, sale of a total of 23 models of Samsung mobile phone.

In the morning of January 11, 2018, HUAWEI filed a lawsuit against Samsung Corp and inventions, which was publicly declared in the intellectual property court of Shenzhen intermediate court. The court ruled that Samsung immediately stopped manufacturing, selling, promising sales and so on, and infringed HUAWEI's patent right.

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The court held that Samsung violated the standard patent in the negotiation of FRAND (fair, reasonable and non discriminatory principles), deliberately delayed negotiations, the strength of standard patent Samsung and HUAWEI communications, but licensed to HUAWEI's licensing fee is licensed to HUAWEI three times Samsung, the two sides can continue negotiations after the verdict.

The plaintiff, HUAWEI, claims that the plaintiff has a large number of necessary patents for wireless communication standards. The patent for invention No. 201010137731.2 and No. 201110269715.3 enjoyed by the plaintiff is a necessary patent for 4G standard. Permit the defendant without the plaintiff, infringed its patent right by manufacture, sale, offering for sale, import way, and did not follow in the FRAND licensing negotiations (fair, reasonable and non discriminatory principles), has obvious fault, request the court to order the defendant to immediately stop the infringement of the patent.

Thus, the intellectual property dispute case HUAWEI and Samsung has ended, HUAWEI looming, Samsung utterly routed the domestic mobile phone has a feeling of exaltation upon fulfillment.

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