Huawei and Samsung have made the latest progress in the litigation war between each other.
Recently, Huizhou Samsung Company and Samsung China Company filed a lawsuit against Huawei for the infringement case, and objected to the jurisdiction of the Guangzhou Intellectual Property Court to hear the case, but it was rejected by the Guangdong Provincial High Court.
Reports show that just last month, William Orrick, a judge in the San Francisco area of ​​the United States, dismissed Samsung’s appeal to prove that Huawei’s two patents were invalid.
Interestingly, Samsung has sued Huawei in the middle of last year and applied to ban Huawei from using six patents. Samsung claimed in each of the two patent cases that Huawei compensated its economic losses totaling 161 million yuan, while Huawei At the same time, the United States and Shenzhen filed a patent infringement lawsuit against Samsung. In early July, they sued Samsung in the Quanzhou Intermediate People's Court in Fujian, claiming 80.5 million yuan.
Huawei accuses Samsung"Direct Face" media understands that Huawei has sued the Guangzhou Intellectual Property Court that Huawei is the patentee of ZL201010166490.4 invention patent. Huawei purchased Samsung mobile phones of the SM-G9200 (Galaxy S6) and SM-A8000 (Galaxy A8) models from Huizhou Samsung in Yuexiu District, Guangzhou City, Guangdong Province, and found Samsung China in China. Samsung Electronics officially displayed a series of mobile phones including SM-G9200 (GalaxyS6) and SM-A8000 (GalaxyA8) and provided related purchase links and channels.
Huawei said: After analysis, Huawei believes that the aforementioned mobile phone falls within the protection scope of ZL201010166490.4 invention patent, and Huizhou Samsung Company manufactures, uses and sells the alleged infringing products for the purpose of production and operation without permission. Another defendant, Samsung China, promised to sell and sell the alleged infringing products for the purpose of production and operation, infringing the patent rights of the plaintiff Huawei, and should bear corresponding legal liabilities. Requested the court to order Huizhou Samsung to immediately stop the manufacture, use and sale of products infringing the patent rights of the plaintiff ZL201010166490.4; Samsung China immediately stopped the sale and sale of products infringing the patent rights of the plaintiff ZL201010166490.4 .
Samsung’s jurisdictional objection was rejectedAfter the Guangzhou Intellectual Property Court accepted the case, Huizhou Samsung Company and Samsung China Company both objected to the jurisdiction of the case during the filing of the defense.
The above-mentioned two companies at the same time believe that: Huawei’s lawsuit based on two different infringement facts should be tried separately. The lawsuit against Samsung China should be tried by the Beijing Intellectual Property Court; in addition, because the patent protection is An operation method, Huizhou Samsung does not use any method of operation, so there is no possibility of implementing the patent in question, and should not be listed as the defendant in this case; at the same time, the lawsuit against Samsung China should be transferred to the Beijing Intellectual Property Court. .
However, the Guangzhou Intellectual Property Court ruled that the objections of Huizhou Samsung and Samsung China to the jurisdiction of the case were rejected. The court held that: Huizhou Samsung's domicile is located in Huizhou City, Guangdong Province, within the jurisdiction of the court of first instance, so the court of first instance has jurisdiction over the case.
Huizhou Samsung Company refused to accept the original ruling and subsequently appealed to the Guangdong Provincial High Court. The Guangdong Provincial High Court held that although Huizhou Samsung and Samsung China are independent legal persons, Huawei’s company sued Huizhou Samsung as a manufacturer suspected of infringing its patented products, while Samsung China was suspected of infringing its patented products. Sales, promised sellers, and accordingly, Huizhou Samsung Company and Samsung China Company were listed as co-defendants to file a lawsuit, claiming that the two defendants immediately stopped manufacturing, using, and selling the infringement of the products of the invention patents involved in the case, so it should be recognized The subject matter of the litigation in this case is common, and the court of first instance accepted the case as a case, stipulating that there is no improper procedure.
At the end of December 2016, the Guangdong Provincial High Court finally dismissed the jurisdictional objection raised by Huizhou Samsung Company and Samsung China Company, and found that the facts of the original court were clear and the applicable law was correct and maintained.
Mutual litigation between the two parties: insiders watch the outsiders and watch the fun"Direct Face" media understands that the suing of Samsung in China is only one of the many infringement disputes between the two companies.
The process of mutual litigation between the two sides in the past year has been dazzling and dazzling.
In May 2016, Huawei announced that it had initiated patent infringement lawsuit against Samsung Electronics in the United States and China. Huawei’s lawsuit in the United States claims that Samsung infringes on its 11 US-issued patents, most of which are related to LTE (4G) technology and also involve 2G/3G technology. In addition to LTE standard patents, Huawei's patents related to domestic lawsuits also include patents related to mobile phone functions.
Samsung is not idle. In July, Samsung launched a counterattack, and it applied to the court in Beijing to ban Huawei from using six patents. The 21st Century Business Herald stated that the patent involved in this case involves four standard essential patents and two implementation patents, including methods and apparatus for transmitting and receiving randomized inter-cell interference control information in mobile communication systems, in mobile communications. Method and apparatus for transmitting/receiving packet data using a predefined length indicator in a system, an extended physical downlink control channel, a method and apparatus for transmitting and receiving a control channel by limiting a set of control channels in a wireless communication system, recording a moving image A method of data and a digital camera, a portable terminal having a camera, and a method for photographing through the terminal.
In the indictment, Samsung proposed to compensate the economic losses and reasonable expenditures of 80.5 million yuan in the latter two patent cases, totaling 161 million yuan. It is worth noting that just two months ago, Huawei filed a patent infringement lawsuit against Samsung in the United States and Shenzhen. In early July, it sued Samsung in the Quanzhou Intermediate People's Court in Fujian, claiming the same amount of 80.5 million yuan.
The mutual litigation between the two sides immediately raised the attention of the Chinese and South Korean nationals. Insiders in the industry analyze the traces of technical infringement from both sides, and laymen always pay attention to who will be defeated. The commercial litigation of the two companies even rose to the national battle.
Killing a smartphone overlordThe 21st century economic report pointed out that the patent dispute between Huawei and Samsung is essentially a microcosm of the two companies fighting in the field of smart phones.
Columnist Ma Jihua pointed out: Samsung, Apple and Huawei have formed the competition of the first group in the rivers and lakes of smart phones, and they will become the most threatening major competitors. In order to compete for market leading position and market share in emerging markets, the patent warfare has become a hit, and through patent litigation, Huawei has become a strategic choice for Samsung to challenge Samsung and wedge into the US market.
"The previous battles were mainly Apple Wars Samsung, because these two are the leaders in the smart phone industry, Nokia, HTC, Sony also participated." Wu Jiejie, a guest lecturer at the SPACE China Business School of the University of Hong Kong, pointed out, "Today, two smartphones The pattern of male hegemony has developed into the Romance of the Three Kingdoms. Huawei, Samsung and Apple will continue to use patent warfare as a weapon to compete for the dominance of smart phones."
Ma Jihua believes that the intentions of both parties are obvious. Samsung's business in China has shrunk. The shipment of smartphones has lagged far behind Huawei, and even excluded from the top. Through the lawsuit in Beijing, Samsung hopes to take advantage of this. Reversing the sales momentum and striving to stimulate the development of China's business. Huawei is more purposeful. By attracting media and consumers' attention in the US, it is obviously a consideration for entering the US domestic market and realizing globalization. (Some of the content comes from the 21st Century Business Herald)
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