Huawei Xiaomi, the court battle will eventually happen?
In March, netizens slammed Xiaomi melon seeds and Huawei for patent infringement.
At that time, there was a ** report that Huawei sued Xiaomi for patent infringement in January, and the State Intellectual Property Office accepted the case.
The four patents are:
1)zl201110269715.Patent No. 3, titled:"Method and apparatus for transmitting control signals"。
2)zl201010137731.Patent No. 2, entitled"A method for feeding back ack nack information during carrier aggregation, base stations, and user equipment"。
3)zl201380073251.Patent No. 6, titled:"A method and terminal for obtaining panoramic images"。
4) Patent number: ZL2018101882017. Name of the invention"A method of locking the screen and a mobile terminal"。
Patents 1 and 2 are communication patents and are essential patents;Patents 3 and 4 are non-essential patents and are mobile phone function patents.
In response to these four patent infringement incidents, Xiaomi also responded, saying that the two sides are actively negotiating on patent licensing. Many people believe that the final result can still be solved through negotiations, and it may be that Xiaomi pays Huawei a certain patent fee, because Huawei's patent fee is not expensive, much lower than Qualcomm.
But the subsequent story did not end as quickly as speculated by industry insiders, and Xiaomi has launched a request for invalidation of Huawei's four patents.
Among them, the third, second and first patent cancellations were examined orally on May 19, May 22 and June 19, respectively, but the specific results are unknown.
What is"Oral hearings"？It refers to the parties presenting their opinions and the validity of the patent orally in court, i.e., the parties argue in court to see who has the stronger judgment.
On July 4, an announcement from the State Intellectual Property Office showed that Xiaomi also carried out invalidation publicity on the fourth patent, and an oral hearing will be held on July 21.
In other words, Xiaomi believes that Huawei claims that it infringes four patents, and these four patents are invalid, so Xiaomi files a request for invalidation, and if the court can find that these four patents are indeed invalid, then Xiaomi is not infringing and needs to pay royalties.
Even other manufacturers will benefit from this, because once the patent is invalidated, it means that Huawei does not have these four patents, and Huawei can no longer use these four patents to collect royalties from any other manufacturer.
Of course, whether it can be declared invalid or not remains to be heard by the court, but it can be clearly seen from this incident that Xiaomi is not so obedient and admits defeat, but only pays the copyright fee directly, and it still has to work hard.
And for us consumers, there is no need to exaggerate, favor one side and spit on the other, which is also unnecessary, whether it is infringement or invalidity, whether it is to pay royalties or not, in the final analysis, it is for business.
And as manufacturers get bigger and bigger, more and more fields are entered, there will be more and more patent games of all kinds, more and more intense, such as the patent war between OPPO and Nokia, the patent war between Xiaomi and Huawei, and there will be more and more incidents, to put it bluntly, everyone is for their own interests, so everyone eats melons rationally.