Samsung dealt blow in Chinese legal fight with Huawei as five more patents are invalidated

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9 October 2017.

South Korean technology giant Samsung has suffered another setback in its ongoing patent fight with Chinese smartphone maker Huawei, with the country's patent examination board ruling that another five of its key patents are invalid.
 
On Sept. 30, the Patent Re-examination Board at China's State Intellectual Property Office, or SIPO, announced eight decisions on requests filed by Huawei over validations of Samsung's patents. Five Samsung patents were invalidated, one was partially invalidated, and only two were sustained as valid.
 
Among 16 patent infringement cases filed by Samsung against Huawei, 10 patents have been invalidated by the watchdog, according to MLex's calculations.

As reported by MLex, SIPO's Patent Re-examination Board ruled in August that three of Samsung's patents were invalid. They were related to methods and communication-terminal equipment for display functions, methods for recording active-image data and digital cameras, and included a patent used to identify touchscreen characters. 
  
The latest bad news for Samsung comes after Huawei won its first victory in a series of patent lawsuits against the South Korean company at the Quanzhou Intermediate People's Court, in Fujian Province. The court handed down a ruling ordering Samsung to cease infringements and pay compensation of 80 million yuan. 
 
On April 6, the Quanzhou court ruled that Samsung (China) Investment Co, Samsung Electronics Huizhou Co, Tianjin Samsung Telecom Technology Co and two local electronics distributors in Fujian had infringed eight of Huawei's ZL201010104157.0 patents. 
 
The Beijing Intellectual Property Court said it was currently hearing a total of 30 lawsuits between the two tech giants, including 12 civil patent infringement suits, and another 18 administrative patent disputes involving the companies and SIPO's Patent Re-examination Board.
 
The two companies are involved in multiple lawsuits in both China and the US.
 
On May 25, 2016, Huawei announced that it had filed a number of lawsuits against Samsung at the Shenzhen Intermediate People's Court and at the US District Court of Northern California over alleged infringements of standard-essential patents related to smartphones.

Huawei said it was seeking damages and royalties from Samsung for the allegedly unlicensed use of 4G patents related to cellular communications technology, operating systems and software in Samsung smartphones. 
 
The May 25 lawsuits involve 11 patents related to Huawei's LTE and mobile-service technologies that have allegedly been used in almost all of Samsung's best-selling phones.
 
In an apparent act of retaliation, Samsung filed 10 new patent infringement complaints against Huawei Technologies at the Shenzhen Intermediate People's Court on July 8, 2016.
 
On July 21 of the same year, the Beijing Intellectual Property Court announced that it had accepted six patent infringement complaints against Huawei and a retailer. Samsung is seeking a total of 161 million yuan in compensation, comprising 80.5 million yuan for each of two non-standard essential patents, and injunctions in four SEP claims.

	Eliot Gao