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China's Huawei Sues Samsung Claiming Mobile Patent Infringement (reuters.com)

An anonymous reader writes: Huawei said on Wednesday it has filed lawsuits against Samsung claiming infringement of smartphone patents, in the first such case by the Chinese firm against the world's biggest mobile maker. Huawei has filed lawsuits in the United States and China seeking compensation for what it said was unlicensed use of fourth-generation (4G) cellular communications technology, operating systems and user interface software in Samsung phones. The lawsuit marks a reversal of roles in China where firms have often been on the receiving end of patent infringement disputes. In smartphones, makers have grown rapidly in recent years but different intellectual property laws outside of China have slowed overseas expansion. "We hope Samsung will ... stop infringing our patents and get the necessary license from Huawei, and work together with Huawei to jointly drive the industry forward," Ding Jianxing, president of Huawei's Intellectual Property Rights Department, said.

49 comments

  1. Growth Slows by Luthair · · Score: 2

    So sue.

    1. Re:Growth Slows by Anonymous Coward · · Score: 0

      this seems pretty disingenuous particularly after China attempted to blame the state of the global steel industry on the US while they have been flooding the markets with government subsidized cheap steel for decades

      I used to think that North Korea was the last government in the region that was still making up their own reality, unfortunately China seems to be falling back into their old habits

  2. That's rich by Anonymous Coward · · Score: 2, Interesting

    They built their entire business on patent infringement. They still have nortel code in some of their comms gear, with comments from the developers in english.

    1. Re:That's rich by Anonymous Coward · · Score: 0

      Wait... are you talking about Huawei or Samsung?

    2. Re:That's rich by Anonymous Coward · · Score: 0

      Why is why if the court does find in favor of Huawei on any of the complaints, they should accept (uncollectable) judgments against Chinese infringers as valid currency for paying the damages.

      For that matter, Huawei might actually manage to collect on some of those where Western lawyers have failed.

    3. Re:That's rich by Plumpaquatsch · · Score: 0

      They built their entire business on patent infringement.

      Yes, Samsung did. http://www.vanityfair.com/news/business/2014/06/apple-samsung-smartphone-patent-war

      --
      Of course news about a fake are Fake News.
    4. Re: That's rich by Anonymous Coward · · Score: 0

      Hollywood

    5. Re:That's rich by jandersen · · Score: 2

      Yes, yes, the Chinese are thieving bastards who can't develop anything original - and on the same note, the Jews are greedy usurers without conscience, and the Americans are gun-slinging hicks with size 20 mouth in a size 10 head. Seriously, reality has never agreed with this sort of simplistic jingoism, so let's move on a bit, OK? I mean, I have been hearing this same nonsense about Japan, Korea, Hong Kong, Vietnam, Thailand, India, ... - and it has never been as simple as that. Once it was true about America too, and even you guys moved on and became world leaders for a while. It seems that emerging nations learn, in the beginning, from the more developed nations and then they move up to join the club of more mature contributors. China are already ahead of the West in some areas - which is why there is a tendency to see the newest gadgets in East Asia before they come to America and Europe. We can still teach them things, but we can certainly learn one or two things from them as well.

    6. Re:That's rich by Coren22 · · Score: 1

      I can only find so far one document that is functioning WRT the LTE patents, but they list Samsung as having patents, but no patents for Huawei.
      http://www.i-runway.com/images...

      Perhaps when this site stops falling over itself, you can point to the Huawei patent on LTE that seems like others don't even know exists:
      https://ipr.etsi.org/

      So, what I see here is that Huawei will get a big smackdown when they can't sell their own devices anymore due to Samsung pulling permission to use their 4G LTE patents.

      It isn't jingoism when it is fact proven over and over. Huawei have been caught using stolen code in their devices, so how is that not fact now and instead bigotry?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    7. Re:That's rich by Anonymous Coward · · Score: 0

      Coren22 perhaps if you stop proving a fact you fall over against apk over and over we might listen to you https://slashdot.org/comments.... and https://slashdot.org/comments....

  3. The TFA is scant on details by H3lldr0p · · Score: 2

    It says the lawsuits were filed in the US and China, but it doesn't list the patents nor where in the US the suit was filed. Was it east Texas or somewhere else?

    Aside from that, what's the point to these suits. It feels like they're coming out of the blue. Nothing on any of the sites I read was saying anything about these two. Was there some negotiations that went sour that Huawei wants to revive? Did Samsung piss up some high level party in China to start this? Because this seems more political than business related.

    1. Re: The TFA is scant on details by Anonymous Coward · · Score: 0
    2. Re: The TFA is scant on details by Anonymous Coward · · Score: 0

      You can tell the Chinese are bad with IP law. They'll never win there.

    3. Re:The TFA is scant on details by Anonymous Coward · · Score: 0

      How about the fact it is: The radio, The OS, AND the UI

      The whole you infringed on EVERYTHING seems a bit contrived. Slow week for company lawyers I suppose.

  4. That's rich by Anonymous Coward · · Score: 3, Insightful

    This is coming from a company and a country that haven't respected intellectual property rights of others. Chinese factories are notorious for knocking off goods they're contracted to produce. Chinese companies have a history of not respecting intellectual property. Huawei holds over 50,000 patents and this particular one seems to relate to the LTE standard, though the article is vague. I don't think patents should be enforceable in industry standards. There's also a good chance that many of those 50,000+ patents are trivial.

  5. Oh, the irony is killing me. by Anonymous Coward · · Score: 2, Insightful

    Huawei (or any other Chinese manufacturer) suing anyone for patent infringement is just priceless...

  6. Probably rounded corners on 4g phones by Lendrick · · Score: 5, Funny

    If Samsung would just put spikes on the corners of their phones like I suggested a long time ago, none of this would happen.

    1. Re:Probably rounded corners on 4g phones by MobileTatsu-NJG · · Score: 1

      That is hilarious*!

      * ... to everybody who understands what a design patent is. Sorry, it's not really flattering for you.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    2. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      You have to admit, the absurdity of spikes on a phone is kind of funny. You getting bent out of shape about it just made it even better.

    3. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      Nah, your joke just plain wasn't funny to those unencumbered by ignorance. It's like making a joke about Captain Picard using the Force.

    4. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      It wasn't my joke. But yeah, it actually was funny. You were probably just distracted by that corn cob.

    5. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      Yeah yeah, people find their own jokes funny. As for me, I just happened to be educated on the topic.

    6. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      .. wait. How is a joke about Captain Picard using the Force anything whatsoever like a joke about putting spikes on a phone? That's not even remotely the same type of humor.

      Anyway, the guy who isn't funny is at +5 funny. You and I are at 0/worthless. Take that for what you will.

    7. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      Well, at least I now understand why you find your own joke funny.

    8. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      You should educate yourself on the fact that the guy is maxed out on mod points for funny. Probably because I have 4 accounts.

      Again though, seeing you all bent out of shape does make it better. Seriously, step back and evaluate the situation here. The guy made a joke about putting spikes on an iPhone as a way to avoid rounded corners lawsuit. And now you've worked your way to "I just happened to be educated on the topic."

      And that's funny.

    9. Re:Probably rounded corners on 4g phones by Tourney3p0 · · Score: 1

      Actually it was me that asked. I just don't usually log in at work. Your paranoia is a little weird. You should try some of that "getting educated on the subject" you seem so keen on.

    10. Re:Probably rounded corners on 4g phones by Tourney3p0 · · Score: 1, Troll

      Did you hear about the guy who got hit in the head with a can of soda? He was lucky it was a soft drink.

      Well actually, while the aluminum composite can is soft, it becomes rigid and takes on a hard texture when pressurized by a liquid inside. In fact, I would dare say he wasn't lucky at all if he got hit by a soft drink. Don't question me on this. Try educating yourself on the subject.

    11. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      Speaking of self-education, someone came and modded that post down. Blub blub.

      > And that's funny.

      "I'm.. .uh..umm... I'm really laughing at you! Yeah!!" Yep, I believe that.

    12. Re:Probably rounded corners on 4g phones by Anonymous Coward · · Score: 0

      Try asking anybody that's familiar with Star Wars, Star Trek, and utility patents.

  7. Why not? by hackingbear · · Score: 2

    Because this seems more political than business related.

    These patent infringement lawsuits, real inventions or fluffs, have been filed by huge amount by US companies or trolls, against many companies including Samsung. And Samsung have filed similar lawsuits against others. So why is a Chinese company copying the same practice only for "political" and not for money? Don't you know all companies and people want money, just like it is in the US? Have you been travel to China to take a look? China is not North Korea.

    1. Re:Why not? by Anonymous Coward · · Score: 0

      China is legendary for widespread, rampant patent infringement. Huawei has likely infringed on patents before. The idea that any business in China would bother suing anyone for patent infringement in a foreign court is a joke.

    2. Re:Why not? by hackingbear · · Score: 1

      So was the US in the 19th and early 20th centuries too. I guess all those American companies filing patent infringement lawsuits are jokes too, until they won and collected their money rightful or not.

  8. China... by Anonymous Coward · · Score: 0

    ...let em know you'll pay em as soon as they crack down on all the stolen IP that they let their people get away with

  9. Never throw stones in glass houses by JoeyRox · · Score: 1

    Anyone involved in patents for large tech companies know that they're mostly acquired for defensive rather than offensive reasons. The purpose of holding a large patent portfolio is so that when someone knocks on your door and says you're infringing on their patent(s) you can take out your own patent book and show them how many patents they're infringing on - the result is usually a cross-licensing deal with no money exchanging hands. I'm guessing Huawei doesn't have one of those large patent books, so they're about to find out what happens when you bring a knife to a gunfight.

  10. Sheesh by Anonymous Coward · · Score: 0

    I swear, if patent laws and lawyers existed in days of old, we'd never have gotten out of the stone age because ABC Corp. would have held the patent on the wheel for ransom and infringement suits would have brought kept us walking.

  11. Standard Samsung MO by Dixie_Flatline · · Score: 2, Insightful

    Samsung is (or should be) well known for purposely infringing patents with the knowledge that they have the money to fight in court until the situation is no longer relevant. They don't just do it against American companies and in the mobile business, they've been doing it for years in Korea as well.

    Samsung is hugely corrupt and rarely follows the rules. They get sued and counter-sue, tie up cases in courts for years, and then when the other company is tired of fighting, they either walk away scot free, or pay a pittance in relation to the profit they made by infringing. Huawei has no way to win this fight, but they're obligated to try for a while, at least.

    I would try to stay away from Samsung products on principle, but I can't even buy Apple products without putting money into Samsung's pocket.

    Vanity Fair ran a good article a few years ago that goes over it a bit.
    http://www.vanityfair.com/news...

    1. Re:Standard Samsung MO by thegarbz · · Score: 1

      Yeah screw Samsung for copying the rounded corners of the iPhone.

      Huawei is a far more reputable company who would never copy someone else in an effort to make their product more desirable

    2. Re:Standard Samsung MO by Dixie_Flatline · · Score: 1

      I don't exactly hold Huawei in high regard either, particularly on the copying front, but Samsung is shameless and prolific in a way that Huawei hasn't had sufficient opportunity to be. Maybe they both deserve this lawsuit, but Samsung will copy anything from anywhere, any time.

    3. Re:Standard Samsung MO by thegarbz · · Score: 1

      Sure thing. You're entitled to your beliefs. Personally I still think the iPhone looks much more like a Samsung picture frame that was released 3 years before the iPhone, and certainly since the Galaxy S3 their phones have looked unique and better in far more ways that many of their competitors. Yeah their designs are still similar but I give that a pass considering their are actually one of the few companies still innovating and actually doing some R&D.

    4. Re:Standard Samsung MO by Dixie_Flatline · · Score: 1

      I think the article and Samsung's legal record speaks for itself, frankly.

    5. Re:Standard Samsung MO by Coren22 · · Score: 1

      Um, you do realize that Samsung holds nearly 10% of the LTE patents don't you?

      http://www.i-runway.com/images...

      So, who is copying who here?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    6. Re:Standard Samsung MO by Anonymous Coward · · Score: 0

      Um, Coren22 do you realize how dumb you look after apk kicked your ass for all of slashdot to see twice https://slashdot.org/comments.... and https://slashdot.org/comments.... ?

  12. The problem is how they got caught. by mmell · · Score: 3, Insightful
    I'll bet somebody was trying to back-engineer Samsung's hardware when they realized "hey, I don't even need to reverse engineer this part 'cuz I wrote that last year.

    "Wait a minute . . . "

    1. Re:The problem is how they got caught. by Anonymous Coward · · Score: 0

      More likely the guys from Huawei that hacked Samsung to copy their designs realized that Samsung didn't patent one small thing or another because they thought it irrelevant, but they could patent those to monetize from Samsung or for propaganda

  13. Geopolitics by Anonymous Coward · · Score: 1

    This has nothing to do with IP and everything to do with realpolitik. This is not Huawei suing Samsung. This is China bullying South Korea.

    1. Re:Geopolitics by Anonymous Coward · · Score: 0

      Absolutely. Though it's kind of funny to watch as a bystander, since China and South Korea are the #1 and #2 state-sponsored industrial spying industries in the world...

  14. A better example. by Anonymous Coward · · Score: 0

    "Q. Where does Captain Picard like to eat?"

    "A. Pizza Hutt!"

    Hey, my little sister laughed at that one.

  15. One more thing by Lirodon · · Score: 1

    You forgot to mention that said lawsuit also contains redacted statements regarding a second violation.