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Junzhiquan Helps Huawei Win the First Victory —A H...
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Junzhiquan Helps Huawei Win the First Victory —A Huawei v. Samsung Case for Standard Essential Patent (SEP) Infringement
2018.01.15
Guangdong Junzhiquan Law Firm represented Huawei and won the case ((2016) Yue 03 Minchu No. 840) of SEP infringement against Samsung. After one and a half years of trial, the Shenzhen Intellectual Property Court made the first-instance judgment on the Huawei v. Samsung case ((2016) Yue 03 Minchu No. 840) of SEP infringement at 10:30 am on January 11, 2018.
Case No. (2016) Yue 03 Minchu No. 840
Plaintiff Huawei Technologies Co., Ltd.
Defendants Samsung (China) Investment Co., Ltd.
Samsung Electronics Huizhou Co., Ltd.
Shenzhen Nanfang Yunhe Technology Co., Ltd.
Patent at Issue No. ZL201010137731.2
" METHOD, BASE STATION, AND USER EQUIPMENT FOR FEEDING BACK ACK/NACK INFORMATION FOR CARRIER AGGREGATION"
Focus of Dispute 1. FRAND issues, dispute over whether Huawei or Samsung is at fault when a license agreement fails to be reached;
2. Identification and determination of the technical facts.
Result of Judgment 1. The Defendants Samsung (China) Investment Co., Ltd. and Samsung Electronics Huizhou Co., Ltd. shall immediately cease the act of infringement upon the Plaintiff's patent No. ZL201010137731.2
by means of manufacturing, selling, offering to sale, or use relevant products;
2. The Defendant Shenzhen Nanfang Yunhe Technology Co., Ltd. shall immediately cease the act of infringement upon the Plaintiff's patent No. ZL 201010137731.2 by means of selling and offering to sale relevant products;
3. Other claims of the Plaintiff are dismissed.
Case Brief The Plaintiff claimed that it has a large number of wireless communication SEPs, and the invention patent No. ZL201010137731.2 involved in this case is a standard essential patent of 4G. The Defendants infringed the patent rights involved in this case by manufacturing, selling, offering tosale, use, or import relevant products without the Plaintiff's permission, and failed to follow the FRAND (Fair, Reasonable, and Non-discriminatory) principle in licensing negotiations, which was obviously at fault. Therefore, the Plaintiff requested a court order to cease the Defendants' act of infringement immediately.
Timeline May 2016 The Shenzhen Intermediate People's Court placed the case on file.
June 2016 Samsung filed a patent invalidation claim
November 2016 The patent invalidation trial was heard.
End of 2016 to beginning of 2017 The Shenzhen Intermediate People's Court held a court session.
May 2017 The Reexamination Board upheld the validity of the patent at issue.
January 11, 2018 The Shenzhen Intermediate People's Court ruled that Samsung must cease the act of infringement immediately.
 
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