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Chinese Telecom Giant Huawei Sues T-Mobile For Patent Infringment (geekwire.com)

Posted by msmash on from the fair,-reasonable-and-non-discriminatory-terms dept.

Nat Levy, reporting for GeekWire: Huawei alleges that Bellevue-based T-Mobile would not make a deal to license several 4G patents from the Chinese telecom company, and is still using those technologies, according to a lawsuit filed Tuesday. The complaint, filed in the U.S. District Court in Eastern Texas, alleges that Huawei offered to give T-Mobile license for several 4G patents under fair, reasonable and non-discriminatory terms (FRAND). T-Mobile allegedly didn't take the offer and continues to use the patented technologies. According to the lawsuit, the conflict goes back to 2014, when Huawei wanted to begin a licensing discussion, but T-Mobile allegedly would not sign a non-disclosure agreement and negotiations stalled. Earlier this year, Huawei filed several patent infringement complaints, according to the Puget Sound Business Journal, which first reported on today's suit. Huawei is not looking for monetary damages, but instead wants a declaratory judgment that would help facilitate a licensing agreement.

46 comments

  1. Isn't that Ironic by Anonymous Coward · · Score: 0

    Like winning the lottery on your wedding day. Now isn't that ironic? No? How about a free ride when you already died? Now isn't that ironic? Those are ironic in Canada! WHat EVER happened to Navarro? Now THAT IS IRONIC!

    1. Re: Isn't that Ironic by Anonymous Coward · · Score: 1

      Like freee-loading Chinese reverse engineering company suing the company they hacked. Isssssnt it ironic?

    2. Re: Isn't that Ironic by Sassinak · · Score: 1, Informative

      This is commonly referred to as a test case..

      Patents that are recognized in China only.. if they sue T-mobile in the US courts for a patent the US doesn't recognize then it opens the books to tons of other copy-cat law suits over similar things.. (hey.. China has a patent on sneezing.. you can't get it in the US, but we can sue to in the US for using our patent).

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
    3. Re: Isn't that Ironic by SlaveToTheGrind · · Score: 4, Informative

      This is commonly referred to as a test case..

      Patents that are recognized in China only..

      What in the world are you talking about? From the front page of the complaint: "This is a patent case regarding Huawei’s obligation to offer a license to certain U.S. patents . . ."

    4. Re: Isn't that Ironic by Anonymous Coward · · Score: 1

      That's all well and good but it seems the main reason T-mobile wouldn't play ball is because they refused to sign a Non-disclosure clause. Something that really shouldn't be necessary. This isn't dealing with secret tech, this is referring to publicly available patents. So the only real reason to use a NDA is to prevent T-mobile from talking about what they're being roped into.

  2. First Apple, then Disney, now T-Moblie by Proudrooster · · Score: 2, Insightful

    This technique needs a name, possibly the "Chinese Shakedown". Hey world, if you want to play in our market, you own us money and part ownership, that is how we roll! You can't beat us, we know your fighting style!

    Out of curiosity, is it this hard for foreign companies to compete in the USA?

    1. Re:First Apple, then Disney, now T-Moblie by Austerity+Empowers · · Score: 4, Informative

      This technique needs a name, possibly the "Chinese Shakedown".

      More specifically this is Huawei, a company that is synonymous with spying and corporate espionage (http://www.networkworld.com/article/2223272/cisco-subnet/60-minutes-torpedoes-huawei-in-less-than-15-minutes.html), and that's just the 60 minutes speech. In two of my previous employers people have been arrested and thrown in jail for stealing data and sending it to the homeland, these are facts proven in court.

      They shouldn't be allowed in our country at all, or yours, if you are smart. Patent infringement is a joke, they haven't had an original idea yet.

    2. Re:First Apple, then Disney, now T-Moblie by ADRA · · Score: 0

      I'm sorry, are the patents they filed legal or not? That's really all this case comes down to. The rest of your rhetoric is just windowdressing your non-existent racial pretense.

      Outside of your xenophobia and probably rightful comments on corruption (A good deal of the world is a lot more corrupt than the US.. China is certainly no exception) what have you said?

      So do you hate China because their spies get caught (VS. US 'contractors' in other nations)? Or are you telling everyone to buy US products because they're never going to spy on you!
      https://www.theguardian.com/co...

      --
      Bye!
    3. Re:First Apple, then Disney, now T-Moblie by Anonymous Coward · · Score: 0

      It is generally a matter of time before the Americans will find something and use it steal billions of dollars via their show trials and their corrupt government agencies. Many foreign companies have received this treatment over things that would have only resulted in a minor fine and/or a stern warning had they been American. Meanwhile, they eavesdrop on everything you do and you can pretty much count on some of your trade secrets and business dealings ending up with your American competitors at some point. It may be a large market, but the risks of doing business in the US are huge.

    4. Re:First Apple, then Disney, now T-Moblie by HiThere · · Score: 1

      A better name would be "The Microsoft Shakedown", as they originated (AFAIK) the practice of suing for patent infringement without revealing what the infringement was...or even what patent.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:First Apple, then Disney, now T-Moblie by Anonymous Coward · · Score: 0

      This technique needs a name, possibly the "Chinese Shakedown". Hey world, if you want to play in our market, you own us money and part ownership, that is how we roll! You can't beat us, we know your fighting style!

      Out of curiosity, is it this hard for foreign companies to compete in the USA?

      conversely, do you know how hard it is to sue china for patent/trademark infringement? everyone is a 60-character no-name company that closes up and changes names on a weekly basis. nobody is traceable it would appear.

    6. Re:First Apple, then Disney, now T-Moblie by Anonymous Coward · · Score: 0

      No, he's saying that it's ridiculous for Huawei to sue over intellectual property when they're one of the biggest violators in the world. Corporate espionage and intellectual property theft is basically official Chinese government policy.

  3. What's good for the goose by phorm · · Score: 1

    Lots of local companies have been using shitty patents to stifle competition or shake down others for some time. Often they have more success if the company they file against is foreign-owned. Perhaps that appeals to some perverse sense of nationalism in certain districts.

    What's good for the goose...

    1. Re:What's good for the goose by Holi · · Score: 3, Informative

      Except neither of these companies are American. T-Mobile is a German company.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    2. Re:What's good for the goose by Anonymous Coward · · Score: 0

      Yes, two wrongs definitely make a right.

    3. Re: What's good for the goose by maggard · · Score: 2

      Actually T-Mobile USA is a US company (TMUS). Now only 66% owned by Deutsch Telekom.

      --
      I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
    4. Re: What's good for the goose by Archfeld · · Score: 1

      Corporations are extra-national. They will claim whatever nationality is currently making them the biggest buck, then change tomorrow because the profit is blowing the other direction.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    5. Re: What's good for the goose by Anonymous Coward · · Score: 0

      The post does not mention T-Mobile USA, but only its parent company T-Mobile.

    6. Re: What's good for the goose by radarskiy · · Score: 1

      There is no company called just "T-Mobile". The post mentions "Bellevue-based T-Mobile". T-Mobile US, Inc. is based in Bellevue, WA. T-Mobile International AG is based in Bonn, Germany.

      Therefore the post is referring to T-Mobile US, Inc.

    7. Re:What's good for the goose by Coren22 · · Score: 1

      Well, three lefts make a right...

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  4. There's a history between the two by maggard · · Score: 5, Interesting
    T-Mobile is unusual in the US that they've never used Huawei in their backend.

    They also no longer sell Huawei devices to their customers.

    The latter is likely tied to their accusations of industrial espionage and theft by Huawei employees: Possibly paywallled NYT article.

    So there's no love lost between the two companies.

    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
    1. Re:There's a history between the two by Anonymous Coward · · Score: 0

      So, did they really fired those employee and return/destroy the stolen material/data? If they were fired, were they fired for being caught or the act of stealing?

      Using lawsuit to force TMobile to do business with them again? Damn talk about bold and thick skin. We steal from you and you are going to take it.

  5. Filed in the right place by mrbester · · Score: 1

    Location of court checks out. Should be a slam dunk for Huawei even if the claim is bollocks. Have they retained the judge's son to make sure?

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    1. Re:Filed in the right place by Austerity+Empowers · · Score: 1

      s/retained/detained/

      One way or another.

  6. Euuuuuhhhh by Anonymous Coward · · Score: 0

    Why should T-Mobile care? Go back home and cry in your sandbox, no one cares.

  7. Hwawei was built on theft by Anonymous Coward · · Score: 1

    Ask any former Nortel employee. They stole EVERYTHING from Nortel and then turned around and competed against them globally with their own copied hardware.

    1. Re:Hwawei was built on theft by Anonymous Coward · · Score: 0

      Much like the US industry after World War II.

    2. Re:Hwawei was built on theft by Anonymous Coward · · Score: 0

      True. Now most smartphones, even iPhones have manufacturing plants at China. No wonder China was able to build their local smartphone brands with ease.

  8. Tangentally related... by Anonymous Coward · · Score: 1

    I have now had *TWO* cellphones, one Huawei and one ZTE randomly show up with wifi on one morning. While there is the slim possibility I somehow triggered the power button, lockscreen, swipedown menu, and then wifi button, I am curious if anyone else has seen this behavior and whether it is possible it was stingray activated, manufacturer activated, or mms/virus activated (Phones only use f-droid, one is pre-google play (although it was on the cellular network at the time the wifi enabled), and the other is used as a pda/camera, has never been activated as a phone, and is left permanently in airplane mode with only bluetooth and wifi enabled as needed.)

    Given the inability to procure devices without Ring -1 or lower signed management processors, and given this happening on devices that are kept intentionally isolated (but thankfully without sensitive information on them.) I am interested in the possibility of other slashdotters having seen similiar activity and whether they were able to track it to specific causes, whether PEBKAC, software glitches, foreign/domestic spying, or otherwise.

    1. Re:Tangentally related... by Anonymous Coward · · Score: 0

      Strange. If your wi-fi was enabled without your permission then your phone obviously had a backdoor. Quite possible that some of your devices with bluetooth tried to scan your area and detected your other phones with bluetooth and they tried to communicate with each other, and even turned on your wi-fi thru bluetooth.

      I notice the same thing too, but it was with my laptop which is being DoS'd by an iOS device of my sibling. Every time this iOS of my brother connects to the router, my laptop won't be able to receive data from the said router. So I did what's best. I checked the router logs and the specific device which connects to my router and which clogs my network and I block the sites which connects to this culprit device running iOS. It could be extreme but sometimes I even block the device itself from connecting to the router.

  9. So i guess they're not FRANDs any more? by Anonymous Coward · · Score: 0

    I'll let myself out

  10. Re:Only USA by Anonymous Coward · · Score: 0

    Don't know why you were downvoted for saying it like it is, so voted you up. It's true, China steals technology then claims it invented it. Heck, China invented the Internet, the toothbrush, the furby, the dildo, the wheel.

  11. secure by Anonymous Coward · · Score: 0

    They also swiped an ass-kicking employee from a government contractor involved in cyberwar. No wonder they are not using Huawei!

    BTW swami, we miss you. Come back and hack with us.

  12. No monetary damages by manu0601 · · Score: 1

    Huawei is not looking for monetary damages

    It sounds quite odd nowadays...

  13. It's Worse by Anonymous Coward · · Score: 0
    You remember that time Apple won trillions of dollars from Samsung, because they were foreign.

    Now imagine all the little fish you never hear about because they dont have armies of fanbois.

  14. Re:Only USA by Anonymous Coward · · Score: 0

    Pretty sure people knew how to masturbate, way way before there even was a USA to "invent" dildo's.

  15. Screw Huawei and screw China! by Anonymous Coward · · Score: 0

    This corrupt, inhumane country with criminals for leaders who treat their citizens like chattel has stolen most of the technology it manufactures within its own sphere. Hang tight, T-Mobile and tell the Chinese to go screw themselves! I feel sorry for the Chinese people who live under the control of Chinese business, military, and government corrupt greed balls!

  16. Yes by WeeBit · · Score: 1

    Gotta love karma! ;)

  17. Re: Only USA by Anonymous Coward · · Score: 0

    Just like America invented a glass fronted oblong with rounded corners...
    Karma time..
    As someone else has said,what's good for the goose is good for the gander..