Verdicts Against Huawei and ZTE Enforced in Germany
DENVER–(BUSINESS WIRE)–MPEG LA announced today that patent holders in MPEG LA’s AVC/H.264
Patent Portfolio License have enforced verdicts of injunction in German
District court (“Landgericht Dusseldorf”) cases finding that Huawei
Deutschland GmbH (“Huawei”) and ZTE Deutschland GmbH (“ZTE”) infringed
patents by their use in mobile phones that implement the AVC/H.264
(MPEG-4 Part 10) Standard. See http://www.mpegla.com/Lists/MPEG%20LA%20Legal%20Action%20List/Attachments/61/FINAL%20Huawei%20ZTE%20Infringement%20PrsRls%202018-11-16.pdf.
Against Huawei the case 4a O 17/17 (EP 1 773 067/Appeal case no. I-15 U
73/18) has been enforced.
Against ZTE the case 4b O 5/17 (EP 1 750 451/Appeal case no. I-2 U
76/18) has been enforced.
In both cases the Court of Appeals (“Oberlandesgericht Dusseldorf”) has
dismissed Huawei’s and ZTE’s requests for an immediate stay of the
enforcement while the cases are under appeal.
As a result, Huawei and ZTE must cease and desist from offering in
Germany AVC/H.264 compliant devices such as smartphones and tablets that
use the enforced patents. In addition, all such products in their
possession or the possession of third parties must be recalled and
destroyed.
“Although the failure to be licensed has made these enforcements
necessary, taking a license under the AVC patents would easily remedy
it, and we continue to welcome Huawei and ZTE to do so,” said Larry
Horn, President and CEO of MPEG LA.
Validity cases related to the patents in suit are pending before the
Federal Patent Court in Munich, Germany (“Bundespatentgericht”).
A team led by Axel Verhauwen of Krieger Mes & Graf v. der Groeben and
Gottfried Schüll of Cohausz & Florack represented the
plaintiffs.
MPEG LA, LLC
MPEG LA is the world’s leading provider of one-stop licenses for
standards and other technology platforms. Starting in the 1990s, it
pioneered the modern-day patent pool helping to produce the most widely
used standards in consumer electronics history. MPEG LA has operated
licensing programs for a variety of technologies consisting of nearly
20,000 patents in 90 countries with more than 250 patent holders and
more than 6,000 licensees. Approximately 2,000 licensees enjoy the
worldwide one-stop coverage of MPEG LA’s AVC Patent Portfolio License
under essential patents owned by 38 patent holders. By assisting users
with implementation of their technology choices, MPEG LA offers
licensing solutions that provide access to fundamental intellectual
property, freedom to operate, reduced litigation risk and predictability
in the business planning process. For more information, go to www.mpegla.com.
Contacts
MPEG LA, LLC
Tom O’Reilly
303.200.1710
toreilly@mpegla.com