1 / 12

Paris Clemens Heusch 19 March 2019 Nokia

LES Roundtable – Patent Litigation in China. Paris Clemens Heusch 19 March 2019 Nokia. Disclaimer: The view and opinions expressed here are the personal of the author and not necessarily those of Nokia. … some Nokia facts. Problems?. Inventions. Patents. Standards.

cormack
Download Presentation

Paris Clemens Heusch 19 March 2019 Nokia

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LES Roundtable – Patent Litigation in China Paris Clemens Heusch 19 March 2019 Nokia Disclaimer: The view and opinions expressed here are the personal of the author and not necessarily those of Nokia.

  2. … some Nokia facts

  3. Problems?

  4. Inventions

  5. Patents

  6. Standards

  7. Today’s telecoms industry is a web of inter-dependency Patent Developers/ Monetizers Network Operators VRINGO acacia INTERDIGITAL INTELLECTUAL VENTURES Core Network Unwired Planet Infrastructure Vendors Apple RNC LG ERICSSON Microsoft Alcatel-Lucent BlackBerry HUAWEI eNodeB ZTE Handset vendors CISCO JUNIPER hTC NodeB SAMSUNG SONY SAMSUNG T••Mobile HUAWEI KDDI ZTE Telefonica SSOs at&t Xiaomi docomo E E vodafone SoftBank Baseband Chip Makers verizon China Mobile China unicom QUALCOMM intel MediaTek CHINA TELECOM Sprint MARVELL Spectrum Communications Public

  8. Smartphone Wars

  9. Qualcomm v Nokia • As part of the global dispute between QC and Nokia, QC brought two infringement actions in Shanghai and one in Beijing. • Nokia filed multiple rounds of invalidation action against the patents asserted • As Defendant and in the context of the global litigation, the goal was to ensure that the infringement trial was not able to move forward whilst simultaneously pursuing the invalidation actions with all vigor. • Beijing High Court and Shanghai Intermediate Court 2007

  10. Nokia v Huaqin • Nokia took a bold step in being the first to file this sort of action against a Chinese party • 4 SEP and 4 Implementation patents were asserted • Multiple rounds of invalidation actions and appeals through the Courts with some cases going to the Supreme People's Court • All Nokia's SEPs have been found to be valid • But the court has nullified any impact through delay, so this is where we have seen the political bias • Interesting that of 84 SEP cases in China since we filed against Huaqin, not a single one has been in Shanghai. • The atmosphere in China has changed and the outcome today could be different, although if there is any grey area in a case, we expect the court still to find for a Chinese defendant • Shanghai Intermediate Court 2011

  11. Conclusions • Things are improving in terms of legislation and practices • but it still remains to be seen whether the rules will be favorably applied when there are national interests at stake (i.e. foreigner suing a local).

  12. Thank you very much! Dr. Clemens-August Heusch, LL.M. Rechtsanwalt, Fachanwalt für gewerblichen Rechtsschutz Head of European Litigation Nokia T +49 (0) 162 2951462 Werinherstr. 91 E clemens.heusch@nokia.com 81541 München W www.nokia.com

More Related