Monday, March 26, 2018

Li, Yiu & Vary on Chinese Huawei v. Samsung FRAND Decisions

In January I published this post on the decision by the Intermediate People's Court in Shenzhen, China, to issue an injunction against Samsung for the infringement of two FRAND-committed Huawei SEPs.  Yang Li, Christine Yiu, and Richard Vary have now published a post, titled "Shenzhen court issues written judgment in Huawei v Samsung case," reporting that last week the court published its written decisions--two of them, one for each patent I assume, and if I'm understanding the post correctly each is over 350-pages!  Mr. Vary also published a shorter post on the matter in the IPKat this morning. (Neither post links to the decisions themselves, and I doubt that there are publicly available English-language translations yet, though I hope that we'll be able to see some before too long.)   According to the posts, the court not only entered an injunction based on its conclusion (for reasons discussed in the posts) that Samsung was an unwilling licensee, but also adopted a top-down methodology for determining the amount of the FRAND royalty.  The authors also state that, in contrast to the recent decisions in Unwired Planet and TCL, the court did not apply the "patent counting" or numeric proportionality principle, but rather took into account the contribution of Huawei's specific technology, to determine the award.

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In other China-related news, The China IPR Blog published a post over the weekend titled US Files Consultation Request at WTO on Chinese Technology Licensing Practices, while the IAM Blog has published a post (which is behind a paywall, and which I haven't read myself) titled Iwncomm provides update on China SEP campaign – Sony injunction still under appeal, battle with Apple expands.

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