Patent Litigation in China LES Roundtable – Patent Litigation in China Paris Clemens Heusch 19 March 2019 Nokia Disclaimer: The view and opinions expressed here are the personal of the author and not necessarily those of Nokia.

… some Nokia facts

Problems?

Inventions

Patents

Standards

Today’s telecoms industry is a web of inter-dependency Patent Developers/ Monetizers Network Operators acacia VRINGO INTERDIGITAL INTELLECTUAL VENTURES Unwired Planet Core Network Infrastructure Vendors Apple RNC LG ERICSSON Microsoft BlackBerry HUAWEI Alcatel-Lucent eNodeB ZTE Handset vendors JUNIPER CISCO hTC NodeB SAMSUNG SONY SAMSUNG ZTE HUAWEI T••Mobile Telefonica KDDI SSOs Xiaomi at&t docomo E SoftBank vodafone Baseband Chip Makers verizon China Mobile QUALCOMM intel China unicom MediaTek MARVELL Sprint CHINA TELECOM Spectrum Communications Public

Smartphone Wars

Qualcomm v Nokia Beijing High Court and Shanghai Intermediate Court 2007 As part of the global dispute between QC and Nokia, QC brought two infringement actions in Shanghai and one in Beijing. Nokia filed multiple rounds of invalidation action against the patents asserted As Defendant and in the context of the global litigation, the goal was to ensure that the infringement trial was not able to move forward whilst simultaneously pursuing the invalidation actions with all vigor.

Nokia v Huaqin Shanghai Intermediate Court 2011 Nokia took a bold step in being the first to file this sort of action against a Chinese party 4 SEP and 4 Implementation patents were asserted Multiple rounds of invalidation actions and appeals through the Courts with some cases going to the Supreme People's Court All Nokia's SEPs have been found to be valid But the court has nullified any impact through delay, so this is where we have seen the political bias Interesting that of 84 SEP cases in China since we filed against Huaqin, not a single one has been in Shanghai. The atmosphere in China has changed and the outcome today could be different, although if there is any grey area in a case, we expect the court still to find for a Chinese defendant

Conclusions Things are improving in terms of legislation and practices but it still remains to be seen whether the rules will be favorably applied when there are national interests at stake (i.e. foreigner suing a local).

Thank you very much! Dr. Clemens-August Heusch, LL.M. Rechtsanwalt, Fachanwalt für gewerblichen Rechtsschutz Head of European Litigation Nokia T +49 (0) 162 2951462 Werinherstr. 91 E clemens.heusch@nokia.com 81541 München W www.nokia.com