News on April 30, according to foreign media reports, the Munich District Court in Germany recently made a ruling on a patent infringement case, finding that Samsung had infringed on a 4G/LTE standard essential patent held by Datang Mobile.
The judgment shows that Samsung needs to pay fixed compensation for almost all smartphones sold in Germany since August 21, 2021 (because they basically support 4G).
In addition, all related models currently circulating on the market also need to be destroyed.
However, the judgment does not yet have full legal effect, because Datang has not yet chosen to pay a deposit of at least 2.5 million euros and use it to carry out temporary enforcement.
It is understood that the patent involved in this lawsuit can ensure that users can maintain a seamless connection between mobile phones and base stations during the mobile process. This technology is also regarded as a necessary component of the LTE standard.
In the lawsuit, Samsung claimed that it was not aware that Datang Mobile owned relevant patents. At the same time, the two parties were in compliance with the FRAND principle (fair, reasonable and non-discriminatory), which is what standards organizations require patentees to make when formulating and implementing standards. commitment) is also highly controversial.
Samsung believed that Datang did not provide an appropriate licensing agreement in accordance with the FRAND principle, but these defense reasons were not recognized by the court. In addition, Samsung also initiated invalidation litigation against related patents, but the court refused to suspend the patent dispute due to invalidation litigation.
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