Earlier this week, with Huawei Technologies Co., Ltd. (hereinafter referred to as "Huawei") and Samsung Electronics Co., Ltd. (hereinafter referred to as "Samsung") reaching a comprehensive settlement on a series of wireless communication patent infringements, the dispute between the two sides for nearly three years entered the closing stage.
As representative of Huawei, the legal team of Jingtian & Gongcheng, led by Lawyer Zhao Ye, handled dozens of cases of patent infringement, patent invalidation and FRAND obligation judgment in this series of disputes, including acting as Huawei's agent to win the unprecedented ruling and obtain injunctive relief for the first SEP infringement dispute of wireless communication international standard in China, acting as Huawei's legal agent to deal with the retrial case brought by Samsung on the ruling of 80 million RMB patent infringement compensation, acting as Huawei's legal agent to successfully safeguard the validity of its multiple patents, and acting as Huawei's legal agent in filing patent infringement lawsuits in Beijing, Shenzhen and other places. Of the 11 patent invalidation cases against Huawei, thanks to our efforts, 6 of Huawei's 7 SEPs (standard essential patents) were kept valid (or partially valid) by the administrative authorities and 2 of 4 non-SEPs were kept valid.
The dispute between the two sides has lasted for nearly three years. In this case the legal relationships are complicated, the technical problems are profound, and the amount of evidence is huge. Many questions find no precedent internationally. Jingtian & Gongcheng team innovatively studied and solved many cutting-edge legal issues. The lawyers worked closely with the Huawei team, went through nearly 100 court trials, wrote hundreds of pages of legal opinions, and finally obtained satisfactory results for the client after winning multiple stages of litigation.
In such a major, complex and difficult case with global attention, Jingtian & Gongcheng’s team of IPR and anti-trust litigation successfully completed representation under extremely challenging situation. The team’s ability in handling complex IPR and anti-trust disputes has been fully tested. Jingtian & Gongcheng team includes Zhao Ye, Chen Guo, Gao Dong, Jia Bo, and Zhang Huanyu, etc.
Jingtian & Gongcheng has a comprehensive system in providing IPR legal service. The firm has been approved by the Ministry of Justice and the State Intellectual Property Office as a qualified patent agency. In terms of IPR dispute resolution, Jingtian & Gongcheng’s business fully covers patent, copyright, trademark and IPR related unfair competition & anti-trust dispute resolution. Jingtian & Gongcheng has been recommended by numerous well-known legal media such as ALB, Legal 500, Asialaw Profiles, etc. in IPR area.
