Is it a dog or a dog?
Samsung, a lawsuit that sucks, may also feel confused.
Since 2016, Samsung and Huawei have sent dozens of patent infringement cases against each other, and only the domestic courts have been located in many cities such as Shenzhen, Beijing, Guangzhou, Quanzhou, Fujian Province and Xi'an, Shaanxi Province. Can be described as playing hard to solve.
In the battle of Samsung and Huawei is in full swing, there are some manufacturers also sued Samsung to the court patent infringement, but they are not mobile phone manufacturers, what is the situation?
Samsung was sued for this Huawei patent, but the subject of prosecution is not Huawei but it is January 20, 2017, on suspicion of 'a mobile terminal power discontinuous demodulation method' (patent number: 021179727) invention Patent infringement, Samsung was sued to Shenzhen Intermediate People's Court.
It is noteworthy that, although the patent involved was first filed by Huawei, there are other people who sue Samsung for infringement.
The patent in question, "A Discontinuous Demodulation Method for Power Saving of Mobile Terminals", was originally filed by Huawei on May 27, 2002 and was authorized on October 3, 2007.
On June 24, 2015, Huawei transferred the patent to Shenzhen Dunjun Technology Co., Ltd.
Business registration information shows that Shenzhen Dunjun Technology Co., Ltd. was established on December 19, 2014. So, why Huawei will patent the transfer to a company set up less than a year?
Shenzhen Dunjun Technology Co., Ltd. official website information, the company's key employees from Huawei, Foxconn and other companies, is a company specializing in intellectual property licensing business.
In short, Shenzhen Dunjun Technology Co., Ltd. is a typical NPE institution. NPE is the abbreviation of Non-Practicing Entity, whose Chinese name is "non-patent implementing entity" or "non-producing patent entity." In short, NPE means For those who have a patent but do not engage in the production of patented products.
On March 3, 2017, Samsung filed a request for invalidation to the Patent Reexamination Board of the State Intellectual Property Office (the "Patent Reexamination Board") for the patent. On October 10, 2017, the Patent Reexamination Board made a 'maintenance of patent validity' The review decision.
This means that Samsung is at a very high risk of losing a patent in a patent dispute filed with Huawei as a weapon but not a Huawei company.
Samsung was sued by the Italian company for the patent, the prosecutor is a U.S. company
June 2017, due to alleged patent infringement, Di Alsham Technology Co., Ltd. Samsung sued Nanjing Intermediate Court.
The patent in question was an invention patent for 'Improved GSM Cellular Terminal' (Patent No. 998030201) originally filed by Georges Livirotti and Dante Toni Nietti on February 15, 1999, and filed in 2008 October 22, year authorized.
This patent provides a GSM cellular terminal, characterized by comprising an antenna device, a control device, a signal processing device, wherein the SIM card can be associated with a signal processing device to connect to a corresponding service network, said GSM cellular terminal being suitable for simultaneous As a host of several SIM cards and switch between them.
It is noteworthy that during the period of the patent examination and authorization, the two applicants transferred the patent application right to 'S.I.SV.EL.Electronic Development Association AG' on June 9, 2006.
On June 8, 2016, 'SISV.EL.Electronic Development Association AG' in turn transferred the patent involved to Diar Sesim Technology Co., Ltd., a U.S. company registered in Texas, USA .
Obviously, similar to Shenzhen Dunjun Technology Co., Ltd. Diar Simpson Technology Co., Ltd. is also likely to be an NPE institution.
On June 19, 2017, Samsung filed a request for invalidation of the patent in question against the Patent Reexamination Board. On November 9, 2017, the Patent Reexamination Board made the decision of 'invalidating all'.
This means that in this patent litigation with NPE institutions, Samsung may not lose.
In November 2016, Wireless Future Technologies Inc sued Sony Mobile to Nanjing Intermediate People's Court for a court order that Sony Mobile Compensation 800 Million and stop selling the infringing two Xperia Z5 phone.
Although the amount of the claim is not large, the case is closely related to the entire smart phone industry, as the case may be a "pathfinder stone" for foreign NPEs to test the domestic judicial protection of intellectual property or patent rights.
In fact, more and more foreign enterprises are gradually choosing the main battlefield of patent litigation in China.
Such as wireless future technology company v. Sony Mobile cases, the root cause lies in the parent company, the Canadian Wi-LAN company and Sony failed to reach an agreement on patent licensing due to the actual impact of the Chinese market on Sony Mobile's sales, the plaintiff chose China initiated a lawsuit, such as Diar Sisi Technology Co., Ltd. v. Samsung case.
In addition, there are more and more NPEs in the country that initiate litigation fights.
For example, wireless future technology companies and Di Alsham Technology Co., Ltd., are from the United States NPE agencies, another example, Shenzhen Dunjun Technology Co., Ltd. is the domestic NPE institutions.
Obviously, China is surpassing the United States and becoming the 'main battlefield' of innovative technology and cutting-edge technological patent disputes, which also sounded the alarm for domestic enterprises.
If there is no independent innovation, there is no core or key technology, the future development of the road by means of 'plagiarism', 'imitation' or 'cottage' is a dead end, even the 'stage profit' may also be involved in patent disputes As a result, many years of revenue have been repayed or taken back.
Of course, for Samsung, unfortunately, it may become a 'grindstone' for all parties to try their luck.