Xiaomi won the first instance, and a German court ruled that a communications patent of Royal Dutch Telecom KPN was invalid

1. The German Patent Court ruled to revoke KPN’s standard essential patent

On August 21, the German Federal Patent Court ruled to revoke a communications patent (EP 033) belonging to KPN.

2. KPN sued Xiaomi for patent infringement

KPN accused Xiaomi smartphones of infringing its patent EP 033 and sued Xiaomi in April 2022.

3. Xiaomi filed an invalidity lawsuit

Xiaomi filed an invalidity lawsuit against the German part of EP 033 in October 2022.

4. Patent court finds that the patent may be invalid

The Federal Patent Court of Munich stated in a formal notice in September 2023 that it believes that the patent may be invalid.

5. Parallel infringement proceedings suspended

Due to the qualified notification, the Düsseldorf Regional Court suspended the parallel infringement proceedings.

6. Patent Court ruled invalid

The German Federal Patent Court heard the invalidity lawsuit of the EP 033 patent in early August 2023 and ruled that it was invalid due to lack of inventive step.

7. KPN files an appeal

KPN said it will appeal the decision, which means that the parallel infringement proceedings in the Dusseldorf District Court will continue.

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