Recently, Quanzhou Intermediate People's Court （hereinafter referred to as Quanzhou Court） made the first instance ruling on a patent infringement lawsuit launched by Huawei Terminal Ltd. （hereinafter referred to as Huawei Terminal） against five parties including Huizhou Samsung Ltd. （hereinafter referred to as Huizhou Samsung）。 Quanzhou Court held that more than 20 models of Sumsung mobile phones had infringed patent right of plaintiff, and asked them to stop infrigement. Three parties including Huizhou Samsung were sentenced to compensate Huawei Terminal for a money loss of 80 million yuan and right expenses of 500 thousand yuan.
In 2010, Huawei Terminal filed a patent application for invention titled "a processing method and user device thereof for displaying terminal assembly" （ZL201010104157.0）。 It was granted in June, 2011.
On June 27, 2016, considering that several models of Samsung mobile phones fell into the scope of granted patent, Huawei Terminal brought Huizhou Samsung, Tianjin Samsung Communication Technology Ltd.（hereinafter referred to as Tianjin Samsung）， Samsung Investment Ltd.（China）（hereinafter referred to as Samsung China）， Quanzhou Hytelecom Ltd. in Fujian Province and Quanzhou Gome Ltd. to Quanzhou Court, and requested five parties cease infrigement and three parties including Huizhou Samsung to compensate for a money loss of 80 million yuan and right expenses of 500 thousand yuan.
Huizhou Samsung claimed that products listed by Huawei Terminal in the indictment did not use the solution of the granted patent, that means, they did not fall into the scope of claims. Meanwhile, Huawei Terminal failed to prove that Huizhou Samsung, Tianjin Samsung, Samsung China had implemented joint infringement, especially no proof showed that Huizhou Samsung, Tianjin Samsung had implemented the infringement.
After hearing, Quanzhou Court held that the technical solution loaded on the mobile phones fell into the scope of claims of the granted patent filed by Huawei Terminal, which means, the defendants had infringed the patent right of Huawei Terminal. Besides, Quanzhou Court made the first instance judgement by combining the factors such as, the granted patent boosted the intelligence of mobile phones; defendants shared the malice of joint infringement; Huizhou Samsung was the global leader in manufacturing and selling mobile phones; The sales of mobile phones that allegedly had legal infringement encompasses a wide range of models, extended over a long period of time, and involved large sums of sales revenue and profits.
"Although Huawei Terminal won the trial in first instance, it is still possible for both sides to reach a reconciliation," said an expert. The patent, which is highly practical and economic, is mainly used for moving or deleting Apps' icons on screen of mobile phones, according to some introductions.
As of press time, the Court had not yet received the petition for appeal from both parties. The case development will be followed by CIP News.（by Feng Fei/Lou Ning）
(Translator Wang Rui Editor Yan Ru)
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