Panasonic vs Oppo and Xiaomi

"Panasonic vs Oppo and Xiaomi: A Landmark Ruling on SEPs and FRAND Licensing"

Short Description

Panasonic, a Japanese electronics company, has been engaged in a global patent dispute with Chinese smartphone manufacturers Oppo and Xiaomi over Standard Essential Patents (SEPs) related to 3G and 4G technologies. The dispute involves multiple lawsuits filed in various jurisdictions, including the Unified Patent Court (UPC) and the UK High Court.

Facts

- Panasonic initiated the dispute in July 2023, filing 12 lawsuits against Oppo and Xiaomi at the UPC local divisions in Mannheim and Munich.

- The patents-in-dispute are related to WCDMA and LTE standards, and Panasonic claims that Oppo and Xiaomi have infringed on these patents.

- The UK High Court ordered a FRAND trial for the fourth quarter of 2024 to determine the fair, reasonable, and non-discriminatory rate for licensing the patents.

Findings

- The Mannheim Local Division of the UPC found that Oppo had infringed on Panasonic's SEP (EP 2 568 724) and granted Panasonic an injunction against Oppo in several UPC member states.

- The court rejected Oppo's FRAND defense, finding that Panasonic's patent was valid and infringed, and that Oppo's counteroffer was not FRAND-compliant.

- The court also held that Oppo had not behaved in a FRAND-compliant manner, refusing to provide sales figures and instead relying on third-party economic data.

Judgment

- The Mannheim Local Division granted Panasonic an injunction against Oppo, prohibiting the sale of certain 4G-enabled smartphones and smartwatches in the UPC territory.

- Oppo was also ordered to pay provisional damages of €250,000.

- The judgment sets a significant precedent in the realm of SEPs and FRAND licensing, providing guidance on the application of FRAND principles under the UPC framework.