Recently, the Supreme People's Court delivered a retrial ruling and a mediation document to both the plaintiff and the defendants on the same day regarding the dispute over standard essential patent royalties between Huawei Technologies Co., Ltd. (hereinafter referred to as "Huawei Company") and InterDigital Communications, Inc, InterDigital Technology Corporation, InterDigital-Patent Holdings Inc and IPR Licensing Company (hereinafter referred to as "IDC Companies").
The Supreme People's Court, based on the wishes of the parties, replaced the original judgment with a mediation document to settle the dispute over the royalty rate between the parties. This case is the first of its kind in China, and the trial process and final method of resolution have a great impact on disputes over the royalty rate of standard essential patent.
Huawei Company has a series of disputes with IDC Companies. In addition to this dispute, Huawei Company also sued IDC Companies for abusing their dominant position in the market (hereinafter referred to as "anti-trust case"). In that case, IDC Companies were found to have abused their dominant position in the market and should compensate Huawei Company for economic losses of RMB20 million in addition to stopping the infringement. The judgment has been executed and both parties have accepted it. The case was not only rated as one of the top ten cases by the people's court that year, but also selected as one of the 40 major judicial cases on the 40th anniversary of the reform and opening up in 2018.
Lawyer Zhao Ye represented Huawei Company in the first instance, second instance and retrial application procedures and mediation of the aforesaid anti-trust case and dispute over standard essential patent royalty between Huawei Company and IDC Companies.
Jingtian & Gongcheng has established a perfect legal service system for intellectual property rights. In terms of intellectual property dispute resolution, business scope of Jingtian & Gongcheng has fully covered patent, copyright, trademark, unfair competition and anti-trust dispute resolution involving intellectual property rights. Jingtian & Gongcheng has been recommended by many well-known legal media such as ALB, Legal 500, Asialaw Profiles, etc. in the field of intellectual property business.
Partner Introduction
Zhao Ye
Partner
010-5809 1011
zhao.ye@jingtian.com
Zhao Ye is a partner of Jingtian & Gongcheng Law Firm.
Lawyer Zhao's main practice area is IP litigation and competition law. Lawyer Zhao has represented Huawei in a lawsuit against InterDigital for abuse of dominant market position, and in a lawsuit against Samsung for infringement of standard essential patent, as well as represented Qihu 360 in a lawsuit against Tencent, etc. and other well-known cases. Lawyer Zhao has provided legal advisory services on intellectual property to many large multinational companies.
Lawyer Zhao graduated from Nanjing University of Posts and Telecommunications in 2005 with a bachelor's degree in engineering. He graduated from Law School, Peking University in 2008 with a master's degree in law.
