Shenzhen Intermediate People's Court pointed out in the judgment that, considering the fact that the patent in this case is a 4G standard patent, it is different from the non-standard essential patent in stopping the infringement. After the court ordered the defendant to assume the verdict of stopping the infringement, Huawei and Samsung still It is possible to negotiate cross-licensing of standard and necessary patents. If Huawei and Samsung have reached the standard patent cross-licensing agreement or agreed by Huawei, they will not be allowed to execute the court's decision to stop the infringement.
However, the recent ruling of a judge in the United States added a few variables to the incident. US District Court Judge William H. Orrick ruled that Samsung Electronics can continue to manufacture and sell smart phones in China.
Orrick said that both Huawei and Samsung have a lawsuit in San Francisco. Before the San Francisco court made a judgment, the Shenzhen Intermediate Court’s ruling could not take effect.
Orik said in the award: 'The previous ruling of the Chinese court would make meaningless the 'violation of the contract' currently being conducted in the San Francisco court. During this period, it would pose a great risk to Samsung's operation in the Chinese market. . '
In response, Huawei J. Bettinger, a lawyer in San Francisco, has not responded yet.