Highest Court in China Overturns Ridiculously Low Royalty in Interdigital v. Huawei
This will be a short post, as I just wanted to point out that the Supreme People’s Court very recently granted InterDigital’s petition for a retrial in a case involving royalties to be paid by Huawei. The high court’s ruling overturns a decision by the Guangdong Province High Court decision that certain InterDigital Chinese patents should not exceed 0.019 percent of the actual sales price of each Huawei product.
I will try to get the raw data shortly, but the English-language report saying this is here: https://news.bloomberglaw.com/ip-law/interdigital-granted-huawei-patent-case-retrial-by-china-spc
This is a big deal, as it will make it nearly impossible for Chinese and other companies to cite IDC v. Huawei for the purpose of supporting a 0.02% royalty rate. Indeed, Chinese damages law is quickly evolving to catch up with the rest of the progressive patent law and procedure we continue to see coming out of China. This is great news for innovation, for China, and for the innovators worldwide.
Leave a Reply.
Welcome to the China Patent Blog by Erick Robinson. Erick Robinson's China Patent Blog discusses China's patent system and China's surprisingly effective procedures for enforcing patents. China is leading the world in growth in many areas. Patents are among them. So come along with Erick Robinson while he provides a map to the complicated and mysterious world of patents and patent litigation in China.
Erick Robinson is an experienced American trial lawyer and U.S. patent attorney formerly based in Beijing and now based in Texas. He is a Patent Litigation Partner and Co-Chair of the Intellectual Property Practice at Spencer Fane LLP, where he manages patent litigation, licensing, and prosecution in China and the US.
The ideas and opinions at ChinaPatentBlog.com are my own as of the time of posting, have not been vetted with my firm or its clients, and do not necessarily represent the positions of the firm, its lawyers, or any of its clients. None of these posts is intended as legal advice and if you need a lawyer, you should hire one. Nothing in this blog creates an attorney-client relationship. If you make a comment on the post, the comment will become public and beyond your control to change or remove it.