The patent melee in the field of smart phones is raging.
Release time:
2016-08-02 16:43
If you want to say who is in the limelight in the current smartphone field, it must be Huawei. However, this July, Huawei's life seems to be a bit difficult. According to Nanjing Hua News, it was first initiated by the former "big brother" Nokia in the United States for a patent lawsuit, and then Samsung was countersued in many places, claiming 0.161 billion yuan.
The "big brother" who has withdrawn from the mobile phone industry wants to sue Huawei.
I still remember that at the end of May this year, Huawei filed a patent infringement lawsuit against Samsung in the United States and Shenzhen at the same time. Today, Huawei and Samsung's patent war is not over, the former "big brother" Nokia also to join the melee. You know, Nokia has retired from the mobile phone market after being acquired by Microsoft in 2013.
On July 17, Nokia launched a patent lawsuit against Huawei in the United States, accusing Huawei and Huawei Terminal USA of selling and importing US mobile phones and tablets that infringe Nokia's patents.
The products that Nokia accuses Huawei of infringement include Nexus6p, Honor 5x, P8lite, GX8, AscendMate2, SnapTo, MediapadT18.0Pro.
Nokia said that after the previous license agreement expired at the end of 2013, Huawei refused to obtain technology licenses for Nokia Technologies (Nokia Technologies) and Nokia Communications, and continued to use Nokia's important technology in its products. After the expiration of the patent licensing agreement, Huawei refused to reach a new licensing agreement.
In response to Nokia's allegations, Huawei recently issued a statement saying, "There was a cross-licensing agreement between Huawei and Nokia, and Huawei wanted to update the agreement to be consistent with the previous terms, but Nokia rejected this proposal. Therefore, we will take the necessary measures to defend ourselves against the allegations made by Nokia."
According to Nokia and Huawei's statement, the "entanglement" between Huawei and Nokia is obvious: Huawei and Nokia had a cross-licensing agreement before 2013. After the expiration of the license agreement in 2013, Huawei expected to maintain the terms of the original license agreement, but Nokia expected to add more stringent licensing conditions, so Huawei could not accept it.
Nanjing Huaxun U.S. patent experts told reporters: "In this lawsuit, the key point should be the cross-licensed patents of Nokia and Huawei. Under the current market environment and technical environment, whether there is any change, and whether Nokia should agree on more stringent conditions for Huawei."
Nokia paves the way for a return, or is it "encircling Wei and saving Zhao"?
After Nokia's devices and services division was acquired by Microsoft in 2013, Nokia almost disappeared from the mobile phone market. Although the follow-up released several Lumia mobile phones, but also attached to the Microsoft label, but the influence is not enough.
According to the terms of the deal between Nokia and Microsoft that year, Nokia was banned from using the Nokia brand on its own mobile communications devices until December 31, 2015. It is because of this clause that the media and the industry have speculated that Nokia will return to the mobile phone market in 2016.
One day later, on July 18, there were media reports that foreign media reported that Nokia would return to the mobile phone market and bring two new Android phones.
Is Nokia's patent lawsuit against Huawei a signal of Nokia's return to the smartphone market? Nanjing Hua Xun US patent experts told China Economic Weekly: "This reason cannot be ruled out. Patent rights are actually a right to monopolize the market through technology, and ultimately serve the patentee's market. Therefore, Nokia may sue competitors in order to occupy the market and increase market share."
But Nanjing Huaxun U.S. patent expert took a different view, he told reporters: "Although Nokia has not been successful in the smartphone market, but it has enough patents to charge many mobile phone manufacturers enough patent fees, so Nokia never left. Nokia chose to sue Huawei at this point in time, is a clear siege."
"Surrounding Wei to Save Zhao", who is Nokia going to save?
Back on July 6, Huawei accused US wireless operator T-Mobile of infringing its 4G patent in the Eastern District Court of Texas, while refusing to reach a patent with it based on fair, reasonable and non-discriminatory terms.
When it comes to why Huawei sued T-Mobile in the first place, Huawei's public explanation is that it contacted T-Mobile as early as June 6, 2014, hoping to negotiate with it on 4G patent licensing and signing a non-disclosure agreement, but was rebuffed by the T-Mobile. After that, Huawei once again made a request for talks to T-Mobile, but the latter still rejected this possible solution.
In January 2016, Huawei filed formal patent infringement charges against T-Mobile, and it was only at this time that T-Mobile said it was willing to negotiate 4G patent licensing and non-disclosure agreements. In June 2016, T-Mobile finally agreed in principle to sign a non-disclosure agreement with Huawei, but always refused to hold face-to-face talks with Huawei. Therefore, Huawei asked the court to declare that the company had complied with the obligations of fairness, reasonableness and non-discrimination in the patent licensing negotiations, and that T-Mobile was a "reluctant licensee" of Huawei's patents ".
T -Mobile is the fourth largest telecommunications operator in the United States and has a close equipment supply relationship with Nokia. It turns out that Nokia wants to save T -Mobile.
A Nokia spokesman said Huawei's lawsuit against T-Mobile was without precedent. Nokia has asked Huawei to exclude Nokia devices from the lawsuit against T-Mobile, but Huawei has rejected all reasonable solutions offered by Nokia. Therefore, Nokia chose to intervene in Huawei's lawsuit against T-Mobile to "safeguard its own customers and products", and filed a counter lawsuit against Huawei products to strengthen the defense capabilities of Nokia and its customers.
Nanjing Huaxun said: "In intellectual property litigation, strategies such as litigation to promote peace and encircling Wei to save Zhao are indeed often used. However, whether Huawei will withdraw its patent lawsuit against T-Mobile in this regard depends on the three-way game, but also on the respective winning weights in the two cases, as well as the size of the compensation in the two cases."