On September 2, Guangzhou Intellectual Property Court infringed invention patents for Huawei Terminal Co., Ltd. and Huizhou Samsung Electronics Co., Ltd. (hereinafter referred to as 'Huizhou Samsung Company') and Samsung (China) Investment Co., Ltd. (hereinafter referred to as 'Samsung China Company') The case of the right dispute was first publicly heard.
Huawei claims that the company applied for an invention patent entitled "A method, device and mobile terminal for adding icons to the interface" on April 28, 2010, and obtained the invention patent on December 31, 2014. It is still in the validity period. Samsung's five mobile phone devices fall within the protection scope of the above patent claims. Among them, Huizhou Samsung manufactures, uses and sells related mobile phone devices, and Samsung China Company displays related mobile phone devices on the official website. Providing purchase links and channels, infringing the patent rights of the plaintiff Huawei.
In the lawsuit, Huawei Company claimed that the two defendants were required to immediately stop the infringement of the patent rights of the plaintiff and jointly compensated the economic loss of 15 million yuan.
Huizhou Samsung Company argued that the five mobile phone devices involved did not use the technical solution described in Huawei's patent claims, and used the existing technology. The patents claimed by Huawei Company are method patents, and only the use behavior is protected. Therefore, Huawei's lawsuit against the two defendants has no legal basis for acts other than use. At the same time, the two defendants, as independent legal persons, have no intention of joint infringement and do not constitute joint infringement. Huawei Company uses the infringement profits of the two defendants as the basis for compensation calculation, but No evidence was provided on the infringement of patent rights, and there is no legal basis for claiming compensation of 15 million yuan.
Samsung China's reply is consistent with Huizhou Samsung, which believes that the company has no manufacturing behavior. Huawei has no evidence that the company sold the mobile phone equipment involved, and the mobile phone sold is legally sourced from Huizhou Samsung.