As the world's most profitable mobile phone company, Apple is also carrying a bunch of patent lawsuits.
In response to Samsung, Ericsson, and Nokia’s lawsuits, a US company sued Apple’s iPhone and iPad tablet in Shenzhen Intermediate Court for a total of $129 million (about $900 million). It is said that this figure set a record for the highest amount of intellectual property infringement claims in China, and Apple’s three consecutive applications for invalidity of the plaintiff’s patent were rejected.
Apple Inc. (Shanghai) Co., Ltd., Apple's foundry Foxconn and China Unicom (Weibo) were also involved in the lawsuit.
"Infringement amount of 9 billion US dollars"According to the "Daily Economic News" reporter, the plaintiff of the lawsuit was a company founded by a Chinese-American in Hawaii called GPNE. Huang Jingwei, a professor at the University of Hawaii, who was originally from Macao, China, previously worked at AT&T, a US communications company. The telephone lab is trained. It applied for the invention patent "Paging Method and Device" in China on June 15, 1995, and obtained the authorization notice on April 11, 2001.
On the morning of January 4, Huang Jingwei introduced to the reporter of "Daily Economic News" that the patent is a basic invention related to the 3GPP communication standard, and is a basic patent for the design of communication devices such as mobile phones and tablet computers with GPRS functions. , obtained patent protection in 14 countries including China, the United States, Europe, and Japan. The 3GPP standard adopts this technology, but it is not a proponent and member of the standard setting.
Before suing Apple, GPNE said it reached a license settlement with a number of handset manufacturers. Since 2008, GPNE has sued many well-known mobile communication equipment companies such as Motorola, Cisco, Blackberry, Samsung, LG, Sony Ericsson, Sharp, HTC in the United States, and has reached a settlement or signed a patent license agreement with China. A license agreement was signed with Huawei for negotiation.
The lawsuit began on January 28, 2013. GPNE also sued Apple and Nokia. Since then, Microsoft has acquired Nokia and settled with the plaintiff in December 2015. Apple has never reached a settlement agreement. Apple has repeatedly requested the Patent Reexamination Board of the State Intellectual Property Office of China to declare the plaintiff’s patent infringement invalid on three occasions, and filed an administrative lawsuit with the Beijing No. 1 Intermediate People’s Court on September 23, 2014. However, all of Apple’s claims were rejected and the plaintiff’s patents were valid.
The Shenzhen Intermediate People's Court held two trials on December 16, 2013 and December 16, 2014. The third trial was held on November 28, 2016. The original, defendant and appraisal experts gave judicial appraisal opinions entrusted by the court. The book is in court.
The plaintiff said that the module department, which is not related to litigation, was separated from Apple’s financial report, and that Apple’s iPhone and iPad infringement profits were US$7.69 billion and US$1.798 billion, respectively, but the plaintiff was unable to pay high legal fees (procedure fees). In order to sue one-hundredth of the infringement amount, the full amount of litigation should pay about 48 million US dollars in litigation fees), and the iPhone case filed an additional claim of $100 million based on the original claim of 95 million yuan, and the iPad tablet originally claimed 50 million yuan. Based on an additional claim of $6 million.
Apple's attitude is strongThe case is still pending. GPNE attorney, Wanshang Tianqin Law Firm Wang Zhiming said that because the plaintiff added the amount of the claim, it exceeded the Shenzhen Intermediate People's Court 100 million yuan, and the case may be transferred to the High Court.
Wang Zhiming told the reporter of "Daily Economic News" that when he negotiated with Apple on the patent, Apple's attitude was very strong and domineering. On the contrary, Huawei performed very gentlemanly. After the first communication, it reached a settlement agreement in about one month. However, the amount of the settlement agreement with Huawei is not disclosed.
It is worth mentioning that GPNE also filed a lawsuit against Apple for the patent infringement in the United States, but it has lost the case in the United States. Wang Zhiming said that the distinction between patents in different countries is different. The main reason for GPNE's prosecution in the United States is that the patents and legal systems applied for in the United States are quite different from those of China. The technology applied for patents in China is the most effective.
"The US litigation judgment has no effect on the Chinese case. On the contrary, Apple's repeated application for patent invalidation has been rejected, which proves that the patent has strong stability. The plaintiff has increased the amount of the claim based on this." Wang Zhiming told the "Daily Economic News" reporter. .
It is reported that the current sales revenue from the lawsuit filed by Apple is dated from January 28, 2013 to January 27, 2011, and the patent protection expiration date is June 15, 2015. GPNE has initiated another lawsuit against the infringement from the prosecution date to the protection due date. The amount of the claim in the later litigation case shall be determined according to the judgment result of this lawsuit.
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