[Global Network Technology Reporter Zhang Yang] On April 6, the three defendants in the first-instance verdict of Huawei’s rights protection case accepted by the China’s local court Quanzhou Intermediate People’s Court—Samsung (China) Investment Co., Ltd. (hereinafter referred to as “Samsung Companyâ€) constituted a The patent infringement of Huawei Terminal Co., Ltd. (hereinafter referred to as "Huawei Company") shall jointly compensate 11.6 million US dollars (about 80 million yuan).
Samsung infringing products
Samsung said that it will respond to the court's decision and Huawei has not commented on the matter
It is reported that this is the largest amount of bids received since the establishment of the Civil Normal Court of Quanzhou Intermediate People's Court, and it is also the first case of Huawei's nationwide series of rights defending cases.
Review of events
In June 2016, Huawei Terminal Co., Ltd. filed a rights defense suit in the Quanzhou Intermediate People's Court, Huizhou Samsung Electronics Co., Ltd. (hereinafter referred to as “Huizhou Samsungâ€), Tianjin Samsung Communication Technology Co., Ltd. (hereinafter referred to as “Tianjin Samsungâ€), and Fujian. A telecommunications company in the province (hereinafter referred to as “Telecomâ€), an electrical company in Quanzhou (hereinafter referred to as “Electric Companyâ€), Samsung (China) Investment Co., Ltd. and other 5 defendants sued the court and claimed 80 million yuan.
Huawei alleged that the agent of Samsung Investment Co., Ltd. purchased three products, namely the SM-G9300 (Gallery S7) and the SM-G9350 (Gallery S7edge), which were produced by Samsung of Huizhou Samsung. In addition, the telecommunications company also purchased a Samsung product of model SM-J5008 (Gaileshi J5) produced by Tianjin Samsung. At the same time, Huawei's agents discovered that Samsung Investment Company displayed a series of products including the SM-G9300 on the Samsung Electronics official website in China, and provided related purchase links and channels.
According to analysis by Huawei, the company found that the technical features of Samsung's mobile phones corresponded to all the technical features of the patent claims in.0 (a total of eight). After further investigation and analysis, Huawei believes that the 5 defendants have a total of more than 20 products (mobile phones and tablet computers) suspected of infringement.
According to Huawei, at the beginning of 2010, the company filed an invention patent application with the State Intellectual Property Office on a technical solution that could be applied to the display methods and user equipment of terminal components. After substantive examination, the application was granted the patent right for invention on June 5, 2011, and the patent number was ZL201010104157.0. The patent is currently legal and valid and is protected by law. Huawei Corporation stated that there are 16 claims for the invention patent and 8 claims concerning this case.
Huawei believes that Huizhou Samsung and Tianjin Samsung will manufacture, use, sell, and promise to sell alleged infringing products for the purpose of production and operation without permission; Samsung Investment Co., Ltd., Telecommunications, and electronics companies will sell for the purpose of production and management, and promise sales. Allegedly infringing products, all of which infringed Huawei's invention patent rights in the patents involved.
To this end, Huawei asked the five defendants to immediately stop the infringement, and asked Huizhou Samsung, Tianjin Samsung and Samsung Investment Co., Ltd. to jointly pay 80 million yuan, in addition also requested Huizhou Samsung, Tianjin Samsung, Samsung investment company jointly take Huawei as the company to stop the infringement The reasonable expenses paid are 500,000 yuan.
In response to Huawei's prosecution, Huizhou Samsung, Tianjin Samsung and Samsung Investment Co., Ltd. argued that Huawei did not provide evidence that Huizhou Samsung, Tianjin Samsung, and Samsung Investment Co. had joint infringement; Huawei’s lawsuit request was unclear and was not established. Huizhou Samsung does not constitute joint infringement. It is believed that there is no basis for Huawei to seek compensation of 80 million yuan.
The evidence of the case was filled with several large cartons
Recently, the case was pronounced in the first instance and the court held that the patent involved was a framework core patent for the graphical interface of smart mobile terminal users. Through the application of this patent, it solved how to make it easy for the user to move within multiple frequency ranges. The problem of the specific APP icon; In addition, the application of this patent greatly improves the success rate and accuracy of the system interface operation. However, the three defendants, including Huizhou Samsung, Tianjin Samsung, and Samsung Investment Co., Ltd., are among the top three mobile phone manufacturers in the world. They use patented technology solutions in many types of smart phones and tablet computers manufactured and sold. It can be seen that the patent's market recognition is extremely high. Therefore, the patent involved in the case has a very high creativity, and it contributes greatly to the realization of the intelligent operation of the mobile terminal.
How to determine the amount of compensation? According to third-party data provided by Huawei Terminal, from the third quarter of 2014 to the third quarter of 2016, a total of 39,237,504 mobile phones and tablet PCs were sold, and the sales amount exceeded US$15.1 billion. Even if Huizhou Samsung, Tianjin Samsung, and Samsung Investment Company stated that there are several products that are not infringed, then after deducting this part of the data, the infringing product sales involved in the case still reached 31,422,259 units, and the sales amount exceeded US$12.7 billion. It is reported that during the trial of the case, the court repeatedly asked Huizhou Samsung and other three defendants to provide the corresponding sales data and profit rate, but they all delayed or refused to provide, and therefore have to bear the burden of proof of the adverse consequences.
Accordingly, in the first trial of the Intermediate People's Court in recent days, Huizhou Samsung, Tianjin Samsung, and Samsung Investment Co., Ltd. should immediately stop the infringement of the invention patent rights of Huawei Inc.; telecommunications companies and electrical companies must immediately stop the relevant infringement; Huizhou Samsung and Tianjin Samsung. Samsung Investment Co., Ltd. shall jointly compensate Huawei for economic losses of 80 million yuan and pay a reasonable fee of 500,000 yuan for Huawei to stop the infringement.
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