Huawei seeks the intervention of European Commission in InterDigital accusation of its patents

Category: WTO Sub-category: Intellectual Property
Document type: news

28-May-2012 | 11:53 IST | Edited by: Sharmila Maitra

Huawei, a leading global information and communications technology (ICT) solutions provider, has filed an anti-trust complaint with the European Commission against US-based InterDigital in which it urges the Commission to intervene to end InterDigital's abuses of its patents allegedly essential to the 3G (UMTS) standard.

Huawei said that as a non-practicing entity, InterDigital is seeking to leverage its declared 3G standard essential patents to force Huawei to conclude a discriminatory, unfair and exploitative license.

Moreover, Huawei said that in both the terms and scope, InterDigital's demand manifestly breaches the policies of the European Telecommunications Standards Institute calling for fair, reasonable, and non discriminatory (FRAND) licensing practices by technology patent holders, and Article 102 of the Treaty on the Functioning of the European Commission.

Huawei has been negotiating to reach an agreement with InterDigital on licensing fees for mobile devices. As it is now clear that there is no foreseeable resolution, Huawei decided to file this complaint.

Huawei said that it adheres to the principle of respecting the intellectual property rights of any third party, and maintains its position as an ICT leader through continuous innovation. In 2011, Huawei invested US$3.76 billion in R&D, and by December 2011, Huawei had filed 57,972 patent applications in aggregate, 23,522 of which had been granted.

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Huawei Technologies Co. Ltd. is a Chinese multinational networking and telecommunications equipment and services company headquartered in Shenzhen, Guangdong, China. Huawei is the largest China-based networking and telecommunications equipment supplier and the second-largest supplier of mobile telecommunications infrastructure equipment in the world.

InterDigital develops fundamental wireless technologies that are at the core of mobile devices, networks, and services worldwide. As a long-standing contributor to the evolution of the wireless industry, they solve many of the industry's most critical and complex technical challenges years ahead of market deployment.