Huawei sues Samsung

By Digital News Asia May 30, 2016

Cases filed in China and the USA
Huawei seeking IP cross-licensing

WHY can't we all get along?

As soon as we witnessed the end of the Google vs Oracle legal affair, another two titans of the tech industry are set to enter the court room. Huawei is suing its rival Samsung over claims that its patents have been infringed.

Huawei said it was pursuing its South Korean rival in two courts - one in California, the other in Shenzhen. According to Huawei, several of its cellular communications and software inventions had been used in Samsung's phones without its permission.

At least some of the patents are classed as Frand - an acronym referring to "fair, reasonable and non-discriminatory". This means the Chinese company has committed itself to offering anyone a licence so long as they agree to a non-excessive compensation.

Huawei's intellectual property chief indicated it was seeking permission to use some of Samsung's technologies in return rather than seeking a payment. "Thus far, we have signed cross-licensing agreements with dozens of our competitors," said Ding Jianxing. "We hope Samsung will respect Huawei's R&D investment and patents, stop infringing our patents and get the necessary licence from Huawei, and work together with Huawei to jointly drive the industry forward."

Such clashes have become less common since Apple and Samsung's high-profile courtroom battle in 2011, which led to both firms revealing secrets about their inner workings and racking up large legal bills.

Just because papers had been filed in the latest case did not mean Huawei and Samsung would necessarily fight a similar battle in public. Many companies settle out of court.

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