Huawei Sues PanOptis for monopoly infringement

Recently, the first-instance civil ruling on the disputes between Huawei Technologies Co., Ltd., Huawei Terminal Co., Ltd., et. al. (plaintiff), and Pan Opuntis Patent Management Co., Ltd., et. al. (defendant), was made public.

According to the ruling, the defendant believed that the dispute involved in this case were 1) whether the licensing conditions for the 2G, 3G and 4G standard-essential patents violated the FRAND (fair, reasonable and non-discriminatory) principle, and 2) whether the dominant position in the market was abused.

The defendant also claimed that Chinese courts had no jurisdiction over this case. Since 2014 the plaintiff and the defendant had conducted negotiations on the license rate in Shenzhen and other places in China, but no agreement has been reached. During the negotiation, the defendant sued in the courts of Germany, the United States and other countries on the grounds that the plaintiff infringed its patent right.

On the other hand, the plaintiff believed that the defendant the defendant has a dominant civil tort lawsuit and required the defendant to bear legal responsibility. They also believed that the legal disputes between the plaintiff and the defendant in foreign countries does not authorize a repeated trial.

So far, the court has rejected the objection raised by the defendant on the jurisdiction of this case. Intellectual Property China