Beijing IP Court recently accepted two cases involving invention patent rights infringement filed by NPE against HTC Corporation, HTC Electronics (Shanghai) Co., Ltd.(HTC electronics), Beijing Jingdong Century Information Technology Co., Ltd. (Jingdong Century), and Beijing Jingdong 360 Du E-Commerce Ltd. (Jingdong 360).
L2's claims
L2 owns two SEPs A method for handling transmission time interval (tti) bundle retransmission and communication device and Method for enhancing RRC procedure re-initiation efficiency and communication apparatus thereof. The two patents are included in the LTE communication standards published by Ministry of Industry and Information Technology, which means that any LTE mobile phone legally on sale at China mainland market actually exploits the technical solutions of related claims of the patents involved. Based on fair, reasonable, nondiscriminatory terms, L2 sent out a request for licensing negotiation to HTC, who made no response. HTC's production, offering to sell and selling of 3 types of mobile phones including "HTC U11", without permission of L2, violates its patent rights, according to the provision of Paragraph 1, Article 11 of Patent Law. The selling of the infringing products also constitutes infringement. The Court thus sentenced the four defendants to stop infringement immediately and compensate together RMB 1.5 million to L2 for its economic loss and RMB 1 million for its reasonable expense in the two cases.
At present, the Court has notified its ruling on the two cases to the defendants, who have not filed any arguments.
Source: Beijing IP Court
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