In fact, on December 22nd, 2016, the Patent Reexamination Board has issued a review decision on “maintaining validity” for the patents of appeal held by UPI. Therefore, this is the second time that Huawei filed the same patent for the same case in China. Invalidation request, and was sentenced to 'maintained' for the second time.
It is worth mentioning that in April 2018, similarly for patents held by UPI, Huawei also received a "maintained effective" review decision. In other words, Huawei has been in the last two months. Two patents 'lost'.
Up to now, for the invalidation request filed by Huawei in 2017, the Patent Reexamination Board has successively made a decision on the review of invalidation of five patents held by UPI Corporation, of which two were all invalid and one was partially invalidated. Two were found valid.
Li Junhui said that in the patent contest with UPI, Huawei has shifted from the previous quarterly leadership to the current evenness.
Recall the patent dispute between Huawei and UPI:
In March 2014, UPI filed Huawei, Google, and Samsung in the United Kingdom to the Patent Court, claiming that the three infringed 6 patents held by them. Five of them involved 2G, 3G and 4G related standard essential patents.
From October 2015 to July 2016, the six patents involved were divided into five groups and they were tested and compared respectively.
In the summer of 2016, UPI entered into a settlement with Samsung. Since then, Samsung has withdrawn from the patent fight with UPI. And Google, which was first sued together, reconciled with UPI as early as 2015. At the beginning of the 'one to three' challenge, it became the current one-on-one wrench.
In April 2017, the High Court of England and Wales judged that Huawei had used UPI’s patented technology in its 4G mobile phones and had to pay UIP a licensing fee. If Huawei did not pay this fee, the court reserved the right to prohibit the sale of Huawei mobile phones;
On June 7, 2017, the Patent Court of England and Wales High Court issued a judgment on the protracted patent licensing dispute between Huawei and UPI: 1) Issued a ban on Huawei’s infringement Order', 2) Huawei needs to pay 2.9 million pounds in compensation, 3) Allowing Huawei to appeal global patent licensing, and allow UPI to appeal for mixed global benchmarks.
As Huawei disagreed with the verdict, an appeal was initiated and the ban was temporarily in the 'to be determined' state. At the same time, Huawei also launched a continuous counterattack against UPI in the country.
In China, Huawei filed multiple applications for invalidation of patents held by UPI in 2016 and 2017 respectively.
July 22, 2016, Regarding Huawei's request for invalidation of a patent for invention (patent number: 2007800518555) held by UPI Corporation in the 'self-configuration and optimization of neighboring cells in a wireless communication network', the Patent Reexamination Board made 'avoidance of all invalidation' ' The review decision.
On December 22, 2016, regarding the invention patent (patent number: 2008801236993) of Huawei's method and device in wireless communication network held by UPI Corporation, the Patent Reexamination Board made a decision to 'maintain its validity'.
The relevant case information shows that at the end of August, early September and early 11th, 2017, Huawei filed a request for invalidation to the Patent Reexamination Board for no less than five patents held by UPI Corporation.
On May 29, 2018, the Patent Reexamination Board made the decision to “maintain validity” for the second time on the invalidation request filed by Huawei UPI for the “methods and devices in the wireless communication network”.
Up to now, for the invalidation request filed by Huawei in 2017, the Patent Reexamination Board has successively made a decision on the review of invalidation of five patents held by UPI Corporation, of which two were all invalid and one was partially invalidated. Two were found valid.