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On April 26, the Guangdong Higher People’s Court issued Guidelines for Trial of Dispute Cases Involving Standard Essential Patents (for Trial Implementation) (the “Guidelines”). The Guidelines includes 32 articles and focuses on the following four aspects: 1. General issues regarding standard essential patent (SEP) dispute cases; 2. Issues on civil liability for ceasing implementation of an SEP; 3. Issues for determining SEP license fees; and 4. Issues for anti-trust dispute trial involving SEP.
Samsung initiated a cross-licensing discussion in July 2011 with Huawei on standard essential patent (SEP), both parties could not come to agreeable terms in the next six years. On May 25, 2016, Huawei filed two lawsuits alleging Samsung infringed on two of its 4G SEPs No. 201110269715.3 (Method and apparatus for sending control signaling), and No. 201010137731.2 (Method, base station, and user equipment for feeding back ACK/NACK information for carrier aggregation) before the Shenzhen Intermediate Court and requested for an injunctive relief.
On March 18, 2018, the General Office of the State Council issued the “Working Measures for Foreign Transfer of Intellectual Property Rights (Trial)” (hereinafter referred to as the “Measures”), and clarified the relevant regulations on the foreign transfer of intellectual property involving national security. It was implemented on the date of issuance.
On January 11, the Shenzhen Intermediate Court announced its decisions to grant Huawei’s injunctive relief and place permanent injunction on Samsung’s 4G handsets after the court found Samsung infringed on Huawei’s 4G Standard Essential Patents.
SIPO has recently announced the officially approved Administrative Measures for Prioritized Patent Examination 2017 (hereinafter refers to the “Measures 2017”), which comes into force from August 1st, 2017.
According to the judgment, Sony was ordered to (1) immediately cease infringement of IWNCOMM’s SEP found in 35 of Sony’s mobile handsets, (2) pay damages of RMB8.62 million (approximately USD1.25 million), and (3) pay reasonable litigation costs of RMB474,194 (around USD69,000).
The Supreme People’s Court took these cases and held a public hearing in April this year, and this morning (December 8th), the SPC publicly announced its decisions, which reversed in part and affirmed in part. Beijing East IP took a close look at the decisions and summarized the revered decisions.
There is a popular saying in the online world in China: “The best way to read and understand the news is to read similar reports in tandem.”