InterDigital Files Patent Infringement Action Against Huawei in UK
December 04 2019 - 4:53AM
InterDigital, Inc. (NASDAQ: IDCC), a mobile and video technology
research and development company, has filed a patent infringement
action in the United Kingdom against Huawei seeking, among other
things, a determination of fair, reasonable and non-discriminatory
(FRAND) terms for a license to InterDigital’s portfolio of 3G, 4G
and 5G standards-essential patents (SEPs).
The action comes after 18 months of negotiation and
the expiration of Huawei’s previous SEP license with InterDigital,
and after InterDigital had made clear to Huawei that it is willing
to have an impartial panel of arbitrators determine FRAND terms and
conditions for a global license to InterDigital’s SEPs.
InterDigital’s previous license agreement with Huawei was reached
after a lengthy arbitration process, the outcome of which was
approved by the Paris Court of Appeals in 2016.
InterDigital is generally acknowledged as one of
the top innovators and contributors to cellular wireless standards,
a track record that is reflected in the company’s portfolio of more
than 32,000 patents and applications. In studies by third-party
analysts the company is aware of since 2012 that have evaluated the
share of patents and applications that are likely essential to 3G
and/or 4G standards, InterDigital’s share of likely SEPs has ranged
from 7-10% for LTE and averaged close to 10% for 3G, placing the
company in the top 4 patent holders in more than 70% of these
studies.
“InterDigital is committed to constructive,
arm’s-length negotiation, fair licensing, and the use of impartial
arbitration when parties are simply unable to reach agreement,”
said William J. Merritt, President and CEO. “We’re also committed
to having our significant intellectual property and contributions
to standards respected and enforced. We’re hopeful that Huawei will
choose to resolve this situation through arbitration or
negotiation, rather than holding out or through litigation in a
favorable court, especially given the significant history of
negotiation and arbitration involving the two companies. In
bringing this claim in the UK High Court of Justice – which is a
purely neutral venue and has a history of examining
standards-essential patent issues –we’re hopeful for a speedy
resolution and a fair license.”
The claim was filed by InterDigital and its patent
holding subsidiaries in the High Court of Justice of England and
Wales. In the proceedings, InterDigital is seeking, among other
things, a declaration that terms offered by InterDigital to Huawei
for a worldwide license are consistent with InterDigital’s FRAND
commitments or, alternatively, a determination of FRAND terms for a
license to InterDigital’s portfolio of 3G, 4G and 5G SEPs. The
company is also seeking a “FRAND injunction” of the type previously
awarded by the High Court of Justice in Unwired Planet v. Huawei,
which would prevent further infringement of the litigated patents
in the UK where the court has settled the terms of a FRAND license
and the defendant does not enter into a license on those terms.
The patents asserted are:
- European Patent (UK) 2 363 008 – Enables the efficient control
of carrier aggregation in 4G (LTE). In advanced mobile phones,
carrier aggregation is key to achieving high data rates.
- European Patent (UK) 2 557 714 – Supports the use of multiple
antennae transmissions in 4G (LTE). The patent enables the use of
flexible levels of error protection for reporting by the handset,
increasing the reliability of the signaling.
- European Patent (UK) 2 485 558 – Allows mobile phone users
quick and efficient access to 4G (LTE) networks. One of the main
technological challenges of developing LTE networks was efficient
bandwidth usage for various traffic types such as VoIP, FTP and
HTTP. This patent relates to inventions for quickly and efficiently
requesting shared uplink resources — for example, reducing lag when
requesting a webpage on a smartphone on LTE networks.
- European Patent (UK) 2 421 318 – Relates to an enhancement to
3G known as High Speed Uplink Packet Access (HSUPA), where
efficient, fast scheduling of resources is key to optimizing the
user’s experience. The patented invention decreases latency during
HSUPA transmission by eliminating certain scenarios in HSUPA where
scheduling requests may be blocked. A blocked scheduling request
may prevent a smartphone from sending data.
- European Patent (UK) 3 355 537 – Also relates to HSUPA. The
patented invention increases efficiency of bandwidth usage during
HSUPA transmission by ensuring that mobile phones do not utilize
resources allocated to them for HSUPA transmission in an
inefficient manner.
About
InterDigital®
InterDigital develops mobile and video technologies
that are at the core of devices, networks, and services worldwide.
We solve many of the industry’s most critical and complex technical
challenges, inventing solutions for more efficient broadband
networks, better video delivery, and richer multimedia experiences
years ahead of market deployment. InterDigital has licenses and
strategic relationships with many of the world’s leading technology
companies. Founded in 1972, InterDigital is listed on NASDAQ and is
included in the S&P MidCap 400® index.InterDigital is a
registered trademark of InterDigital, Inc.
For more information, visit:
www.interdigital.com.
InterDigital Contact:Patrick Van
de WilleEmail: patrick.vandewille@interdigital.com +1 (858)
210-4814
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