InterDigital sues Huawei over 5G SEPs
InterDigital has filed a patent infringement suit against Huawei in the UK, for infringing its 3G, 4G and 5G standards-essential patents (SEPs).
The US company said the lawsuit, which was entered at the English High Court earlier today, December 4, comes after 18 months of failed negotiations between the pair following the expiration of Huawei’s previous SEPs licence.
The patents in dispute are UK numbers 2,363,008; 2,557,714; 2,485,558; 2,421,318; and 3,355,537.
In its complaint, InterDigital asked the court for a declaration that the terms of the worldwide licence it has offered Huawei are fair, reasonable and non-discriminatory (FRAND).
It is also seeking a “FRAND injunction”, as previously awarded by the English High Court in Unwired Planet v Huawei. This would prevent further infringement of the disputed patents in the UK where the court has settled the terms of a FRAND licence if Huawei does not enter into a licence on those terms.
Additionally, InterDigital said it was willing to have an impartial panel of arbitrators determine the FRAND terms and conditions, as its previous agreement with Huawei was only reached after a “lengthy arbitration process”.
William Merritt, CEO and President of InterDigital, said it was committed to “constructive, arm’s-length negotiation”, fair licensing and the use of impartial arbitration “when parties are simply unable to reach agreement”.
“We’re hopeful that Huawei will choose to resolve this situation through arbitration or negotiation, rather than holding out or through litigation in a favourable court, especially given the significant history of negotiation and arbitration involving the two companies.
“In bringing this claim in the [English] High Court of Justice—which is a purely neutral venue and has a history of examining standards-essential patent issues—we’re hopeful for a speedy resolution and a fair licence,” he said.
WIPR has asked Huawei for comment.
In August this year InterDigital sued Lenovo for infringement of several 4G-related patents, after the two companies failed to reach a licencing agreement following a “decade of negotiations”.
It filed the lawsuits in both the English High Court and at the US District Court for the District of Delaware.
As reported by WIPR, InterDigital said the parties were “unable to agree to a negotiated licence on FRAND terms and conditions”.
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