Action comes after 18 months of negotiation
Mobile technology R&D firm InterDigital has filed a patent infringement action in the UK against Huawei seeking Fair, Reasonable and Non-Discriminatory (FRAND) terms for the vendor to have a licence to InterDigital’s portfolio of 3G, 4G and 5G Standard Essential Patents (SEPs).
The action comes after 18 months of negotiation and the expiry of Huawei’s previous SEP licence with InterDigital, which was reached in 2016 in the Paris Court of Appeals.
“InterDigital is committed to constructive, arm’s-length negotiation, fair licensing, and the use of impartial arbitration when parties are simply unable to reach agreement,” said InterDigital president and CEO William J. Merritt. “We’re also committed to having our significant intellectual property and contributions to standards respected and enforced. We’re hopeful that Huawei will choose to resolve this situation through arbitration or negotiation, rather than holding out or through litigation in a favorable court, especially given the significant history of negotiation and arbitration involving the two companies. In bringing this claim in the UK High Court of Justice – which is a purely neutral venue and has a history of examining standards-essential patent issues – we’re hopeful for a speedy resolution and a fair license.”
A Huawei spokesperson said, “We recognise and respect in full the vital importance of IP, and support licensing based on “Fair, Reasonable and Non-Discriminatory” (FRAND) principles, according to industry best practice. Our negotiations with Interdigital are currently before the courts and we cannot comment while proceedings are active.”