DHH assisted clients in resolving disputes over global standard essential patents (SEP)
Release time：2020-09-16 16:08
Recently, the competition law team of DHH Law Firm and the international intellectual property team have jointly assisted the client in resolving a global standard essential patent dispute. The team client had a dispute with a head technology company in the United States over the standard essential patents and general patents involved in the Android system. The technology company filed a lawsuit in a US court, claiming over billions of dollars.
Standard essential patent disputes belong to the field of contract law, patent law and antitrust law. Various jurisdictions around the world have adopted different methods to resolve such disputes. In the judicial practice of the United States, the solution is mainly in accordance with the relevant rules of the contract law, while in jurisdictions such as China, it is resolved in accordance with the relevant rules of the anti-monopoly law. The ongoing litigation in this case in the United States is a breach of contract and actual performance. After accepting the commission, lawyer Ren Li of the competition law team of DHH and lawyer Fang Chunhui of the international intellectual property team, based on the in-depth analysis of the case, suggested that the client should be the entry point from the perspective of anti-monopoly, so as to use the mechanism of "four-two-for-all" to influence proceedings in the U.S. District Court. The two lawyers conducted detailed and in-depth research on the documents and materials involved in the case, combined with Chinese anti-monopoly law enforcement and judicial practice, and formulated detailed and feasible solutions for their clients. With the strong support and cooperation of the client's legal department, the plan was fully implemented in a short period of time.
In September 2020, the client and the U.S. company jointly announced a settlement in the licensing contract litigation in the U.S. District Court. The two companies also announced that they will establish a new cooperative relationship on the basis of this settlement to achieve mutual benefit and win-win results. The professional ability and dedication demonstrated by Lawyer DHH in this case were highly praised by clients.
Standard essential patent disputes belong to the field of contract law, patent law and antitrust law. Various jurisdictions around the world have adopted different methods to resolve such disputes. In the judicial practice of the United States, the solution is mainly in accordance with the relevant rules of the contract law, while in jurisdictions such as China, it is resolved in accordance with the relevant rules of the anti-monopoly law. The ongoing litigation in this case in the United States is a breach of contract and actual performance. After accepting the commission, lawyer Ren Li of the competition law team of DHH and lawyer Fang Chunhui of the international intellectual property team, based on the in-depth analysis of the case, suggested that the client should be the entry point from the perspective of anti-monopoly, so as to use the mechanism of "four-two-for-all" to influence proceedings in the U.S. District Court. The two lawyers conducted detailed and in-depth research on the documents and materials involved in the case, combined with Chinese anti-monopoly law enforcement and judicial practice, and formulated detailed and feasible solutions for their clients. With the strong support and cooperation of the client's legal department, the plan was fully implemented in a short period of time.
In September 2020, the client and the U.S. company jointly announced a settlement in the licensing contract litigation in the U.S. District Court. The two companies also announced that they will establish a new cooperative relationship on the basis of this settlement to achieve mutual benefit and win-win results. The professional ability and dedication demonstrated by Lawyer DHH in this case were highly praised by clients.