Huawei Technologies Co. Ltd. v. Netgear Inc.

“Fair licensing and antitrust implications in tech patent disputes”

Description :

The dispute dealt with FRAND (Fair, Reasonable, and Non-Discriminatory) obligations concerning standard-essential patents (SEPs) in telecom technology.

Facts :

Huawei claimed that Netgear had used its patented wireless technology without a proper license. However, Netgear countered that Huawei had not made a genuine FRAND licensing offer before suing, violating competition principles.

Findings :

The U.S. court highlighted the role of SEP holders to offer fair licenses before filing lawsuits. Failure to do so can raise antitrust concerns and could be treated as abuse of market position.

Suggestions :

Companies holding essential patents must engage in honest negotiation and not exploit the legal system without fulfilling FRAND duties.

Judgment Date : 12 April 2013

Final Order : The matter was allowed to proceed under competition law with directions for further hearings on FRAND compliance.