Datang wins against Samsung in 4G SEP infringement dispute

Samsung Electronics has infringed EP 2 237 607, owned by Datang Mobile Communications Equipment, and currently may not sell 4G-capable mobile devices in Germany. The Munich Regional Court handed down this decision in mid-April (case ID: 21 O 16085/22) according to a press release from EIP, which represents Datang in the dispute. Samsung has not commented on the decision.

However, for the sales ban to be effective, Datang must enforce the judgment against a security deposit. According to JUVE Patent information, the company has not yet taken this step. Samsung can also appeal against the judgment, which observers consider very likely in view of its implications.

EP 607 covers cell handover procedures when a mobile phone enters a TDD radio cell. It is essential to the LTE/4G standard. During proceedings, the German Federal Patent Court issued a positive preliminary opinion on the patent’s validity. However, the final judgment in the validity case is pending.

Competition counterclaim fails

CICT Mobile owns Chinese plaintiff Datang, which holds a portfolio of SEPs in the 4G and 5G space. In 2022, Datang had sued Samsung for injunctive relief.

According to JUVE Patent information, Samsung invoked a FRAND licence in the course of the proceedings and filed a competition law counterclaim.

Samsung was attempting to have the Munich court order Datang to submit a FRAND-compliant offer. The Korean company also considered that a licence agreement between Datang and Apple is discriminating. However, when approached by JUVE Patent, Datang did not comment on the existence and possible content of the licence agreement.

Christoph Höhne

According to EIP, the court has now rejected both the counterclaim and Samsung’s FRAND defence. It has apparently also ruled Samsung an unwilling licensee.

Such competition law counterclaims are very rare in German patent proceedings. JUVE Patent is currently only aware of Huawei’s claim as a co-defendant of Daimler in the 2020 dispute with Nokia over connected cars.

Biggest Samsung case in Germany

Samsung is currently facing four lawsuits from Datang in Germany, after the latter sued the cell phone manufacturer at Munich Regional Court for infringing three patents. The court recently stayed one lawsuit to await the outcome of the Federal Patent Court decision in Samsung’s counterclaim for revocation. The court, which will hear the second action in July, has convicted Samsung in the third case.

Datang has filed a suit over a fourth patent at Hamburg Regional Court, although it has not yet set a date for the oral hearing. Samsung has filed nullity actions against all four patents. In addition to the German proceedings, related proceedings in China are ongoing. In the US, Samsung is suing for a declaratory judgment of patent invalidity, plus breach of contract and breach of obligation to negotiate in good faith.

Dominik Ho

Samsung is being confronted with a number of patent infringement suits in Germany, including several NPE lawsuits.

However, according to JUVE Patent information, the dispute with Datang is currently its largest.

Datang and EIP in Germany

While Samsung relied on regular advisors Rospatt Osten Pross and Zimmermann & Partner, Datang is working with EIP in Germany for the first time. The dispute with Samsung is the Chinese company’s first patent case in the country.

Düsseldorf’s EIP team, led by Christof Höhne, is once again working with the patent attorneys from df-mp, who are also experienced in litigation. Both teams are acquainted from their earlier cooperation for Fipa/IPCom against various mobile communications companies, as well as for Sonos against Google.

Henrik Timmann

Samsung also works with other law firms in Germany, such as Allen & Overy. Rospatt Osten Pross and Zimmermann & Partner have successfully cooperated in disputes for many years.

According to JUVE Patent information, Samsung also commissioned law firm Glade Michel Wirtz, which specialises in antitrust law, for the competition law counterclaim.

For Datang
EIP (Düsseldorf): Christof Höhne (lead), Sebastian Fuchs (both partners); associates: Dimitri Kosenko, Maximilian Häger
df-mp Dörries Frank-Molnia & Pohlman (Munich): Dominik Ho, Nikola Wiesemann (both patent attorneys)

For Samsung Electronics
Rospatt Osten Pross (Düsseldorf): Henrik Timmann, Hetti Hilge (both lead)
Glade Michel Wirtz (Düsseldorf): Markus Wirtz, Christian Karbaum (competition law)
Zimmermann & Partner (Munich): Joel Nägerl (both patent attorneys)

Munich Regional Court, 21st Civil Chamber
Georg Werner (presiding judge), Anna-Lena Klein, Michael Juhas