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

2. … some Nokia facts

3. Problems?

4. Inventions

5. Patents

6. Standards

7. 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

8. Smartphone Wars

9. 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.

10. 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

11. 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).

12. Thank you very much!
Dr. Clemens-August Heusch, LL.M.
Rechtsanwalt, Fachanwalt für gewerblichen Rechtsschutz
Head of European Litigation
Nokia T +49 (0)
Werinherstr E
81541 München W