Samsung and Allen & Overy avoid German judgment over Android system
Samsung does not have to pay damages for using a technology to measure power consumption in its mobile devices. A lawsuit filed by US licensing firm K.Mizra was dismissed by the Düsseldorf Regional Court in early August. The technology is also relevant for other manufacturers with Android systems.
22 August 2023 by Mathieu Klos
US-based licensing firm K.Mizra has failed with a lawsuit against Samsung Electronics over a technology to predict and determine power consumption in the batteries of mobile devices. Düsseldorf Regional Court rejected a claim for infringement of K.Mizra’s patent EP 2 174 201 B1 (case ID: 4c O 27/22).
The patent protects a method and system for predicting the power consumption of a mobile terminal. Samsung is currently the largest manufacturer of mobile devices featuring the Android system. Thus, the outcome of the case is also important for other manufacturers using Android.
No injunction, only damages
K.Mizra had only demanded damages from Samsung, although JUVE Patent is unaware of the exact amount. In view of the 52 million Samsung mobile phones sold worldwide, however, the sum is likely to be substantial. Even if the lawsuit only concerns mobile phones sold in Germany, a global licence for K.Mizra’s property rights is likely to be a background issue.
The NPE has now filed an appeal against the ruling with Düsseldorf Higher Regional Court. A parallel nullity action is pending at the German Federal Patent Court, which has scheduled a hearing for May 2025.
Samsung reshuffles panel
In the past, Samsung has generally conducted infringement proceedings in Germany with Rospatt Osten Pross and Hoyng ROKH Monegier. However, the two market-leading litigation practices are currently facing growing competition to represent the South Korean conglomerate.
In this instance, Allen & Overy’s Munich team led the case against K.Mizra. Samsung has recently retained the two partners Jan Ebersohl and Denise Benz in other disputes. For example, the Korean company has recently settled a dispute with Nanoco concerning display technology.
Jan Ebersohl
Zimmermann’s patent attorneys, on the other hand, are constant advisors for Samsung. Joel Nägerl and his team are present in almost every case in Germany for the South Korean company.
The litigators at Wildanger and the patent attorneys at Bosch Jehle are representing K.Mizra. They are a well-established team on the side of patent holders in mobile phone lawsuits.
Both firms are currently jointly conducting a major series of proceedings for VoiceAge and Crystal Clear Codec against various implementers concerning speech coding for mobile devices.
Both firms are also litigating for K.Mizra against software company Niantic, with Quinn Emanuel Urquhart & Sullivan representing the latter. Niantic develops reality mobile games such as Pokémon Go. In 2022, the Regional Court Munich granted two claims in the case from EP 2 433 414 B1 of K.Mizra (case IDs: 7 O 13977/21 and 7 O 10368/21).
Alexander Reetz
For K.Mizra
Wildanger Kehrwald Graf v. Schwerin & Partner (Düsseldorf): Alexander Reetz (partner); counsel: Eva Maria Thörner; associate: Alex-Christian Lesch
Bosch Jehle (Munich): Thomas Hell (patent attorney)
For Samsung
Allen & Overy (Munich): Jan Ebersohl, Denise Benz (both partner); associate: Jakob Endres
Zimmermann & Partner (Munich): Joel Nägerl, Christian Ginzel, Ulrich Graf (all patent attorneys)
In-house (Seoul): Daniel Shim, Jiyong Park, Won Chang Jang, Seong-Jin Lim (Brussels)
Regional Court Düsseldorf, 4c Civil Chamber
Sabine Wimmers, Stephan Janich, judge Schwarzmayr
