Siemens miscalculated? Patents encircled vivo, Xiaomi and Meizu, but many patents were invalidated

2020-08-01 23:44:16 0 Comment 235 views
abstract

Text/Revised by Li Junhui/Chen Li also wants to promote patent licensing cooperation through patent litigation. Siemens may have much worse luck than


Siemens miscalculated? Patents encircled vivo, Xiaomi and Meizu, but many patents were invalidated

Text/Revised by Li Junhui/Chen Li

also wants to pass patent litigation to promoteIn the patent licensing cooperation, Siemens' luck may be much worse than Qualcomm.

Recently, regarding Xiaomi's (full name "Xiaomi Communication Technology Co., Ltd.") request for invalidation against Siemens’ patents, the State Intellectual Property Office Patent Office reviewed and After the trial, the Invalidation Department (hereinafter referred to as the "Invalidation Department of the Patent Office") made an examination decision on the patent involved in the case of "declaring all the patent rights invalid".

So far, Siemens has sued domestic mobile phone manufacturers including vivo, Xiaomi, and Meizu for the patents involved. Three of them have been invalidated. Among them, , The two patents involved in the case were all invalidated, and one patent involved was found to be partially invalid.

With these patents involved in the case being invalidated in whole or in part, the probability that Siemens wants to win the corresponding patent infringement litigation is very small, and some cases may choose to withdraw the lawsuit actively.

Then, Siemens’ idea of ​​collecting patent fees from domestic mobile phone manufacturers including vivo, Meizu, or Xiaomi will be completely frustrated due to poor patent quality?

The fall of the giant: Siemens mobile phones fell from peak to selling in just four years

Even at the moment of the first year of 5G, I believe no one would deny the status or influence of Siemens in the communications or mobile phone business.

In 1986, Siemens launched the first mobile phone C1, which weighs about 19 pounds. This is why the mobile phone was called "Big Brother". The appearance at the time was similar to a brick.

In 1998, Siemens launched the world’s first color screen mobile phone, which can display four colors of red, green, blue and white.

Although, this color screen mobile phone is very different from the later color screen mobile phone or the current smart phone, but this is already quite innovative in the era of mobile phones dominated by black and white display at that time, highlighting the industry influence and innovation ability of Siemens mobile phones at that time .

Until 2001, Siemens was the third largest mobile phone manufacturer in the world, with a market share of 13% in China at that time, ranking third.

However, the previous lead does not mean that you canOnce and for all in market competition.

At 4 pm on June 8, 2005, BenQ officially announced the acquisition of Siemens’ global mobile phone business. A total of more than 1,000 patents, including 28 core GSM/GPRS patents, have been transferred (the original text uses "transfer") to BenQ.

With the sale of Siemens’ mobile phone business to BenQ, it also indicates that the Siemens brand has begun to "disappear" in the mobile phone market.

It can be seen that Siemens mobile phones have gone from the former mobile phone giant to the fall, and even the brand disappearance, which lasted only more than four years.

License frustrated: Siemens sued vivo, Xiaomi and Meizu to court

Siemens miscalculated? Patents encircled vivo, Xiaomi and Meizu, but many patents were invalidated

September 28, 2018, due toFor patent infringement, Meizu was sued by Siemens to the Shanghai Intellectual Property Court.

At the same time, Xiaomi was also sued by Siemens to the court.

On October 8, 2018, vivo was sued by Siemens to the Beijing Intellectual Property Court for alleged patent infringement. Among them, Siemens sued a total of two patents. , The claim amount for each patent is 10 million yuan.

In addition, similar to the litigation case of the Shanghai Intellectual Property Court, in addition to vivo, OPPO was also sued by Siemens to the Beijing Intellectual Property Court.

In response to the patent lawsuit filed by Siemens, mobile phone manufacturers, including Xiaomi and vivo, should have all extracted patent invalidation requests.

On May 14 and 17, 2019, Siemens sued vivo’s patents "Method and device for estimating channel quality" and "Method for selecting transmission channel" And base stations, mobile terminals, and mobile wireless networks", the Invalidation Division of the Patent Office, upon trial, respectively issued an examination decision on "declaring part of the patent rights invalid" and "declaring all patent rights invalid".

On June 8, 2019, Siemens sued Xiaomi for the involved patent "closed-loop antenna diversity method, subscriber station and base station in cellular wireless communication system", After the trial, the invalidation department of the Patent Office made"Declaration of all patent rights invalid" examination decision letter.

It is worth mentioning that the three patent applications on which the prosecution was based were in 2002, 2003 and 2004 respectively. Therefore, it is not ruled out that the patents involved are Technology related to 3G.

However, it’s a pity that although Siemens’ patented artillery fire is very fierce, and there are many targets, but there are too many “dumb artillery” that will definitely slow down The speed or rhythm of reaching patent licenses with related manufacturers.

The key to reversal: you need a patent with a gold content of no less than Qualcomm to have a chance

Siemens miscalculated? Patents encircled vivo, Xiaomi and Meizu, but many patents were invalidated

Siemens’ patent right to speak in the 2G era is beyond doubt However, with the acquisition of Siemens’ mobile phone business by BenQ, these patents may be transferred simultaneously.

In the field of 3G technology, Siemens alsoHave a certain right to speak.

Relevant information shows that in the field of WCDMA technology, 3G-related patents held by Siemens account for 5%. In the field of CDMA technology, 3G Related patents account for 2%. In the field of TD-SCDMA technology, 3G-related patents held by Siemens account for about 11%.

The data released by the European Patent Office show that in 2018, the number of patent applications filed by the German industrial giant Siemens in Europe exceeded that of China’s Huawei and ranked first.

Therefore, in general, Siemens collects patents from mobile phone manufacturers including vivo, Meizu or XiaomiFees are not completely groundless or whimsical.

However, judging from the current progress, Siemens has not accelerated the negotiation process through litigation, especially the patent involved in the case was judged inefficient and too high.

Take the patent litigation between Qualcomm and Apple as an example. From January 20, 2017, Apple sued Qualcomm to the day when the United States filed a lawsuit with the Southern District of California. From the beginning, the two parties signed a settlement agreement on April 1, 2019, a total of about two years and three months.

Refuses incomplete statistics. Among the patents Qualcomm sued Apple for infringement, the rate of "all invalid" is only 15%.

Although Qualcomm’s patent quality is so high, the patent licensing dispute between Qualcomm and Apple has lasted for more than two years.

Nowadays, although Siemens has sued vivo, Meizu or Xiaomi and other mobile phone manufacturers for the patents involved, not all patents have been invalidated, but there have been three results, which are very unfavorable to Siemens.

Therefore, although domestic mobile phone manufacturers such as vivo, Meizu or Xiaomi are being sued, the pressure of the current lawsuit is mainly concentrated on Siemens, which first needs to prove its patent quality. .

In short,If Siemens does not take out high-quality patent litigation, then its vision of accelerating patent licensing cooperation negotiations through patent litigation may be difficult to realize.

(Li Junhui, special researcher of the Intellectual Property Research Center of China University of Political Science and Law, has been concerned about and related policy, legal and regulatory issues for a long time. Email: lijunhui0602#163.com, WeChat ID: lijunhui0602, WeChat public number: lijunhui0507 )

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