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Samsung likely to lose patent battle against Chinese phone maker Huawei

(People's Daily Online)    17:03, October 12, 2017

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It looks like Samsung is taking a lost in the patent battle against Chinese smartphone maker Huawei that started last year, Chinese newspaper Security Daily reported on Oct. 11.

On Sept. 30, the Patent Reexamination Board of China’s State Intellectual Property Office (SIPO) declared that only 2 of the 8 patents of Samsung are valid in China.

The legal action against Samsung was first launched by Huawei in May, followed by other claims filed in its home city of Shenzhen and the US state of California.

The Chinese technology giant alleged that Samsung has made use of its technologies in both China and foreign countries, so it is willing to resolve the dispute.

Huawei was later countersued by Samsung over 10 alleged infringed patents in July 2016. Samsung said it had attempted to resolve the dispute “amicably.”

According to China Daily, Huawei took Samsung to Quanzhou Intermediate People’s Court on June 27, 2016, demanding compensation of 80.5 million RMB ($12 million).

The move further escalated the tension between the two companies and the South Korean telecom multinationals also accused Huawei of filing “irrational” patent suits and demanded compensation up to 161 million RMB, twice the amount of Huawei’s appeal.

According to the first-instance judgment from Quanzhou Court, Samsung infringed Huawei’s patents in 22 of its products. Later, the company was also ordered to stop selling 22 of its products and cover Huawei’s total losses of 80.5 million RMB.

The South Korean phone maker applied for a review of the case. But the SIPO rejected it, saying the companies failed to offer reasonable evidence.

Ten out of 16 patents of Samsung have been ruled invalid by the SIPO so far.

Li Junhui, a professor at China University of Political Science and Law, pointed out that the situation could suggest an epic failure for Samsung over its “defensive” countersue.

However, it is learnt that Samsung could still seek to overturn the judgment through administrative litigation.

(For the latest China news, Please follow People's Daily on Twitter and Facebook)(Web editor: Shan Xin, Bianji)

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