MediaTek and Huawei take multi-jurisdictional chip battle to the UPC

Huawei is suing MediaTek for infringement of two patents at the Munich local division (case IDs: ACT_14180/2025 and ACT_13761/2025). EP 4 142 215 protects a “method and apparatus for obtaining UE security capabilities” while EP 3 905 840 covers a “signal indication for flexible new radio long term evolution coexistence”. Both patents concern semiconductor chip technology used in mobile devices and are validated in most or all UPC member states.

Taiwan-based MediaTek is one of the largest chipset suppliers for mobile devices globally.

Origins in China

The dispute spans multiple jurisdictions. Huawei initiated proceedings in early 2024 by asking the Shenzhen Intermediate Court to set a FRAND rate for its 5G SEP portfolio. This followed unsuccessful licensing negotiations that began in March 2022, when Huawei approached MediaTek about taking a licence for its portfolio. MediaTek rejected the terms as non-FRAND.

Huawei also filed infringement claims against MediaTek over patents declared essential to 4G and 5G at the Shenzhen Court, seeking injunctive relief. MediaTek challenged the court’s jurisdiction but in September 2024 the court dismissed these challenges. MediaTek’s subsequent appeal also failed in November.

Huawei proceeded to file additional claims at several Chinese courts over 5G patents and SEPs. In response, MediaTek filed three infringement claims in China relating to both 4G and 5G patents, also seeking an injunction.

UK court to set FRAND rate

MediaTek then turned to the UK High Court, requesting it set a global FRAND rate for Huawei’s patent portfolio. It also filed infringement claims at the German courts in Mannheim and Munich. Huawei challenged the UK High Court’s jurisdiction to set a global FRAND rate (case ID: HP-2024-000028).

In March, High Court judge Thomas Leech rejected this challenge and found the court competent to rule on MediaTek’s request for a global FRAND rate. The proceedings to set a FRAND rate can now continue.

Shortly after the UK High Court’s jurisdictional ruling, Huawei filed its UPC infringement case against MediaTek. At the Munich local division, presiding judge Ulrike Voß and judges Daniel Voß and András Kupecz will hear the case.

Strength in numbers

Huawei has instructed two of its go-to law firms. For the UPC claims over EP 215, it has retained Clifford Chance. Partner Tobias Hessel previously represented the Chinese tech company in its UPC dispute with Netgear and in German national proceedings against AVM over wi-fi routers of the brand FritzBox. In the latter, he worked alongside Christian Harmsen of Bird & Bird.

The teams from both firms will work together again on the new UPC lawsuit, with Bird & Bird handling the parallel dispute over EP 840. The UPC register lists Düsseldorf-based partner Mathias Meyer as one of the representatives. The firm’s IP practice has previously acted for Huawei in other matters, such as litigation against Amazon over wi-fi routers.

According to JUVE Patent sources, both firms are also active in the German national proceedings, while in the UK, A&O Shearman represents Huawei.

Two UPC cases in one hand

For the UPC proceedings, MediaTek has turned to US IP firm Finnegan Henderson Farabow Garrett & Dunner. Munich-based partners Antje Brambrink and Jochen Herr are leading both UPC cases for the Taiwanese company. The team already represents MediaTek at the UPC in its dispute against Daedalus.

According to JUVE Patent information, Finnegan is also representing MediaTek in some of the German proceedings in Munich and Mannheim. The firm recently strengthened its ranks with a partner from Quinn Emanuel Urquhart & Sullivan. In other German proceedings, a team around Düsseldorf partner Christof Höhne from IP boutique EIP represents MediaTek against Huawei. Mobile communication expert Florian Schmidt-Bogatzky recently moved from EIP to Herbert Smith Freehills.

MediaTek has instructed Kirkland & Ellis for the UK proceedings. The team includes lead partners Daniel Lim, Steven Baldwin, Nicola Dagg and Rory Clarke, alongside associates Jason Yau, Andrew Marks, Joseph Donkin and Nevyn Fournel. Kirkland is also involved in coordinating the multi-jurisdictional proceedings in Germany and China.