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6park.comTRENDING TOPICS: 6park.comIP courts in Europe 6park.comPatent market moves 6park.comSettlements 6park.comUnified Patent Court 6park.comMobile communication 6park.comDatang wins against Samsung in 4G SEP infringement dispute 6park.comSamsung Electronics may no longer sell mobile devices in Germany that use technology for connecting to TDD radio cells in 4G networks. In its dispute with Datang, the Munich Regional Court ruled that Samsung Electronics is an unwilling licensee. It also rejected the Korean company's competition law counterclaim. 6park.com
6park.com29 April 2024 by Mathieu Klos 6park.com
6park.comAutomatic injunction 6park.comCompetition law 6park.comGermany 6park.com
6park.comPrint 6park.comDatang, Samsung, mobile communications, 4G, 5G, TDD radio networkMunich Regional Court has found that Samsung Electronics infringed a patent protecting technology for connecting mobile phones to TDD radio cells in 4G networks. ©kinwun/ADOBE Stock 6park.comSamsung Electronics has infringed EP 2 237 607, owned by Datang Mobile Communications Equipment, and currently may not sell 4G-capable mobile devices in Germany. The Munich Regional Court handed down this decision in mid-April (case ID: 21 O 16085/22) according to a press release from EIP, which represents Datang in the dispute. Samsung has not commented on the decision. 6park.com
6park.comHowever, for the sales ban to be effective, Datang must enforce the judgment against a security deposit. According to JUVE Patent information, the company has not yet taken this step. Samsung can also appeal against the judgment, which observers consider very likely in view of its implications. 6park.com
6park.comEP 607 covers cell handover procedures when a mobile phone enters a TDD radio cell. It is essential to the LTE/4G standard. During proceedings, the German Federal Patent Court issued a positive preliminary opinion on the patent’s validity. However, the final judgment in the validity case is pending. 6park.com
6park.comCompetition counterclaim fails 6park.comCICT Mobile owns Chinese plaintiff Datang, which holds a portfolio of SEPs in the 4G and 5G space. In 2022, Datang had sued Samsung for injunctive relief. 6park.com
6park.comAccording to JUVE Patent information, Samsung invoked a FRAND licence in the course of the proceedings and filed a competition law counterclaim. 6park.com
6park.comSamsung was attempting to have the Munich court order Datang to submit a FRAND-compliant offer. The Korean company also considered that a licence agreement between Datang and Apple is discriminating. However, when approached by JUVE Patent, Datang did not comment on the existence and possible content of the licence agreement. 6park.com
6park.comChristoph Höhne 6park.comAccording to EIP, the court has now rejected both the counterclaim and Samsung’s FRAND defence. It has apparently also ruled Samsung an unwilling licensee. 6park.com
6park.comSuch competition law counterclaims are very rare in German patent proceedings. JUVE Patent is currently only aware of Huawei’s claim as a co-defendant of Daimler in the 2020 dispute with Nokia over connected cars. 6park.com
6park.comBiggest Samsung case in Germany 6park.comSamsung is currently facing four lawsuits from Datang in Germany, after the latter sued the cell phone manufacturer at Munich Regional Court for infringing three patents. The court recently stayed one lawsuit to await the outcome of the Federal Patent Court decision in Samsung’s counterclaim for revocation. The court, which will hear the second action in July, has convicted Samsung in the third case. 6park.com
6park.comDatang has filed a suit over a fourth patent at Hamburg Regional Court, although it has not yet set a date for the oral hearing. Samsung has filed nullity actions against all four patents. In addition to the German proceedings, related proceedings in China are ongoing. In the US, Samsung is suing for a declaratory judgment of patent invalidity, plus breach of contract and breach of obligation to negotiate in good faith. 6park.com
6park.comDominik Ho 6park.comSamsung is being confronted with a number of patent infringement suits in Germany, including several NPE lawsuits. 6park.com
6park.comHowever, according to JUVE Patent information, the dispute with Datang is currently its largest. 6park.com
6park.comDatang and EIP in Germany 6park.comWhile Samsung relied on regular advisors Rospatt Osten Pross and Zimmermann & Partner, Datang is working with EIP in Germany for the first time. The dispute with Samsung is the Chinese company’s first patent case in the country. 6park.com
6park.comDüsseldorf’s EIP team, led by Christof Höhne, is once again working with the patent attorneys from df-mp, who are also experienced in litigation. Both teams are acquainted from their earlier cooperation for Fipa/IPCom against various mobile communications companies, as well as for Sonos against Google. 6park.com
6park.comHenrik Timmann, Rospatt Osten Pross, Patent litigationHenrik Timmann 6park.comSamsung also works with other law firms in Germany, such as Allen & Overy. Rospatt Osten Pross and Zimmermann & Partner have successfully cooperated in disputes for many years. 6park.com
6park.comAccording to JUVE Patent information, Samsung also commissioned law firm Glade Michel Wirtz, which specialises in antitrust law, for the competition law counterclaim. 6park.com
6park.comFor Datang 6park.comEIP (Düsseldorf): Christof Höhne (lead), Sebastian Fuchs (both partners); associates: Dimitri Kosenko, Maximilian Häger 6park.comdf-mp Dörries Frank-Molnia & Pohlman (Munich): Dominik Ho, Nikola Wiesemann (both patent attorneys) 6park.com
6park.comFor Samsung Electronics 6park.comRospatt Osten Pross (Düsseldorf): Henrik Timmann, Hetti Hilge (both lead) 6park.comGlade Michel Wirtz (Düsseldorf): Markus Wirtz, Christian Karbaum (competition law) 6park.comZimmermann & Partner (Munich): Joel Nägerl (both patent attorneys) 6park.com
6park.comMunich Regional Court, 21st Civil Chamber 6park.comGeorg Werner (presiding judge), Anna-Lena Klein, Michael Juhas 6park.com
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6park.comMathieu Klos 6park.comEditor JUVE Patent 6park.commathieu.klos@juve.de 6park.comSponsored Content 6park.comSensible Injunctive Relief Policies in European SEP Regulation 6park.com14 February 2024 by Unified Patents, LLC 6park.comComparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages 6park.com30 January 2024 by Prüfer & Partner mbB 6park.comSponsored Content Overview 6park.comRelated Articles 6park.comStandard essential patents 6park.comStage victory for Samsung against FIPA and IPCom in nullity appeal 6park.comIn a dispute over SEPs for the UMTS standard, IPCom, FIPA and several mobile communications companies including Samsung are fight ... 6park.com
6park.com5 April 2022 by Christina Schulze 6park.comUnified Patent Court 6park.comIs Amazon the next big target for patent disputes in Europe? 6park.comAmazon is increasingly being confronted with patent lawsuits in Europe concerning products such as its Amazon Prime streaming ser ... 6park.com
6park.com4 April 2024 by Mathieu Klos 6park.comElectronics 6park.comSamsung and Allen & Overy avoid German judgment over Android system 6park.comSamsung does not have to pay damages for using a technology to measure power consumption in its mobile devices. A lawsuit filed b ... 6park.com
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