L2 claimed that it made a licensing request to HTC based on the principle of fairness, reasonableness and non-discrimination, but HTC refused to respond. HTC made and promised to sell and sell 'HTC U11' without the permission of L2 Company. LTE mobile phones, all fall into the scope of protection of the patent involved, constitute a patent infringement.
It is reported that HTC allegedly infringing two standard essential patents (ie, SEP) as a method of dealing with the retransmission of a transmission time interval bundle and communication device ',' a method for improving the restarting efficiency of a radio resource control program and a communication device '.
It is noteworthy that these two patents were originally filed by ASUS Computer Co., Ltd. on August 4, 2009 and November 21, 2008, respectively, and were authorized on April 17, 2013 and July 2, 2014 Subsequently, Asustek transferred the patents involved in the case involved to Innovative Sonic Co., Ltd., and Innovative Sonic Co., Ltd. was transferred to L2.
The LTE communication standard promulgated by the Ministry of Industry and Information Technology includes the above patent, and the LTE mobile phones that are legally sold in the mainland of China meet the above criteria, which means that the technical solutions of the claims in the involved patent applications have been implemented.
In addition, in June 2017, Diar Sistem Technology Co., Ltd. v. Samsung sued Nanjing Intermediate Court for patent infringement. The patent involved is "Improved GSM Cellular Terminal" (Patent No. 998030201).
The patent was originally filed by Georges Livirotti and Dante Toni Nietti on February 15, 1999, and was granted on October 22, 2008. The patent was subsequently assigned to the 'S.I. .SV.EL. EDI AG, then transferred to DiAlchem Technology Ltd.
Li Junhui, a research fellow at China University of Political Science and Law IPR Research Center, said that both the L2 company suing HTC in Beijing and the Diar Sisi Technology Co., Ltd. suing Samsung in Nanjing are U.S. companies and all belong to the NPE. In short, NPE refers to those who have a patent but do not engage in the production of patented products.
Li Junhui believes that although the two companies are the first to attack is the Samsung, HTC and other non-Chinese mobile phone manufacturers, but apparently 'novice' is its purpose for two purposes, one is to test the domestic courts NPE patent Litigation attitude and protection efforts, the second is based on the court ruling to accelerate and including millet, vivo, Jin Li, 360, etc., a number of domestic mobile phone manufacturers, patent licensing cooperation.
Therefore, although there are currently no domestic handset manufacturers involved in the lawsuit, domestic handset manufacturers, including Huawei, Xiaomi and OPPO, need to be highly vigilant and issue an invalid announcement as soon as possible on the patents involved so as to prevent NPE institutions from obtaining the winning judgment Find their own fees.