On July 4, it was reported that, according to the oral examination announcement issued by the State Intellectual Property Office, Xiaomi recently filed a request for invalidation of Huawei's patent named "a screen locking method and mobile terminal", which will be orally examined on July 21.
Oral trial is a way of invention litigation. The invalid party and the party to be invalidated orally state their views and reasons for the validity of their patents in court. The patent dispute between Xiaomi and Huawei has been going on for a long time. On March 1 this year, according to the Announcement on the Acceptance of Administrative Decisions on Major Patent Infringement Disputes published on the 2nd edition of China Intellectual Property News, Huawei has sued Xiaomi for four patent infringements. From the patent content, this patent dispute mainly involves 4G/LTE technology, mobile phone photography and unlocking technology.
From the disclosure of the case, the announcement shows that on January 17, 2023, the State Intellectual Property Office accepted the case that the respondent Xiaomi, the petitioner, infringed on four of its Chinese patents. From the disclosure of the case, the four patents involved in the dispute are respectively "methods and devices for sending control signaling", "Method for feedback of ACK/NACK information during carrier aggregation, base station and user equipment", "Method and terminal for obtaining panoramic image", "Method and mobile terminal for screen locking".
From the perspective of patent content, Cases 1 and 2 involve 4G/LTE technology, which is a standard essential patent SEP. Cases No. 3 and No. 4 involve mobile phone photography and unlocking technology, which are non SEP patents.
In response, Xiaomi said: "The two sides are actively negotiating on patent licensing; China's intellectual property protection system provides a diversified solution mechanism, including administrative and judicial mediation. It is industry practice to solve licensing problems through third-party mediation mechanisms; Both Huawei and Xiaomi believe that intellectual property licensing and cooperation are conducive to promoting innovation and the public interest, and that mediation is an effective channel to help achieve licensing. While continuing to actively negotiate, the two sides seek to use diversified mediation mechanisms to help the two sides reach an agreement. " Huawei did not respond to this matter.
On December 14, 2022, Xiaomi Group released its first white paper on intellectual property and discussed the layout of intellectual property for the first time. Wang Xiang, who was then the president of Xiaomi Group and has left now, said that today, Xiaomi has signed many cross licensing agreements. Compared with six or even ten years ago, the situation of intellectual property competition faced by Xiaomi has improved, but it faces more new challenges. First, Xiaomi has grown from "little brother" to "target"; The other is that the changes in the international political and economic situation have brought new challenges.
So far, Xiaomi technology research and development has entered 12 scientific and technological fields, including 5G mobile communication technology, big data, cloud computing and artificial intelligence. At the same time, based on intelligent manufacturing, it has entered robots, unmanned factories, intelligent electric vehicles, etc., with an overall breakdown of 98 fields.
Previously, Huawei had disclosed its patent revenue. From 2019 to 2021, Huawei received about 1.2 billion to 1.3 billion dollars of patent licensing revenue from the world. Huawei also said that it had begun to collect 5G patent licensing fees from the market in 2021, set different charging rates according to the price of mobile phones, and set a price ceiling of no more than $2.5 per mobile phone.
