Huawei sued Xiaomi for patent infringement, but the latter’s counterattack was ineffective! Why the two sides shook hands? Full text from the Intellectual Property Office

According to news on July 19, today, the State Intellectual Property Office announced the top ten cases of invalid reexamination. Among them, the patent dispute case between Xiaomi and Huawei was also successfully selected. At that time, many people were curious as to why the two parties finally shook hands and settled. Information released by the State Intellectual Property Office shows that in this case, the Reexamination and Invalidation Department of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Reexamination and Invalidation Department) made a review decision on the request for invalidation and upheld Huawei's "Sending Control Letter" The invention patent right of "The Method and Device of Order" (patent number: ZL201110269715.3, hereinafter referred to as the patent involved) is valid. Because the patent involved is a standard essential patent in the communications field, and has triggered several rounds of infringement lawsuits and patent invalidation requests, the case has received widespread attention from society. On April 27, 2007, Huawei submitted a patent application to the State Intellectual Property Office for the patent involved. After review, the patent application involved was authorized. It is understood that the patent involved is a standard essential patent, which can effectively save communication resources. At present, this patent has been adopted by the standards-setting organization 3GPP and is a required technical solution for 3GPP 4G communication standards. This patent is also a required technical solution for my country's communications industry standards. This means that any smart terminal that follows this standard cannot circumvent the patent involved and must use the technical solution of the patent involved. At the beginning of 2023, Huawei submitted a request to the State Intellectual Property Office for administrative ruling on patent infringement disputes to promote the resolution of its long-term unresolved global patent licensing fee negotiation issue with Xiaomi. Several patent infringement cases, including this case, were listed as the second batch of major patent infringement dispute administrative adjudication cases by the State Intellectual Property Office. In response to the patent involved, Xiaomi filed a request for patent invalidation with the Review and Invalidation Department on February 9, 2023. After the review decision on the invalidation request was made, in August 2023, the State Intellectual Property Office conducted a trial on the administrative ruling on patent infringement disputes filed by Huawei against Xiaomi. On September 13, 2023, the two parties reached a global patent cross-licensing agreement, including the patents involved in the case. On September 18, 2023, Huawei withdrew its request for administrative ruling on patent infringement disputes against Xiaomi. At this point, the series of disputes between the two parties surrounding the patents involved in the case came to an end. In the opinion of experts, in cases involving patent invalidation requests, the final result is either to maintain the validity of all patent rights, to maintain the validity of part of the patent rights, or to declare all patent rights invalid. If a patent right is maintained in full validity, relevant practitioners must continue to respect the valid patent right and must not use it without authorization or otherwise infringe on the patented technology rights and interests. If the patent is maintained to be partially valid, relevant practitioners should fully respect the corresponding patent rights of the valid part.

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