Patent Holders Enforce Verdicts Against Huawei, ZTE in Germany

By Dipo Olowookere

World’s leading provider of one-stop licenses for standards and other technology platforms, MPEG LA, has said patent holders in MPEG LA’s AVC/H.264 Patent Portfolio License have enforced verdicts of injunction in German District court (Landgericht Dusseldorf) cases finding that Huawei Deutschland GmbH (Huawei) and ZTE Deutschland GmbH (ZTE) infringed patents by their use in mobile phones that implement the AVC/H.264 (MPEG-4 Part 10) Standard.

Two cases were filed against Huawei and ZTE and at the Court of Appeals, the judges dismissed Huawei’s and ZTE’s requests for an immediate stay of the enforcement while the cases are under appeal.

As a result, Huawei and ZTE must cease and desist from offering in Germany AVC/H.264 compliant devices such as smartphones and tablets that use the enforced patents.

In addition, all such products in their possession or the possession of third parties must be recalled and destroyed.

“Although the failure to be licensed has made these enforcements necessary, taking a license under the AVC patents would easily remedy it, and we continue to welcome Huawei and ZTE to do so,” said Larry Horn, President and CEO of MPEG LA.

Validity cases related to the patents in suit are pending before the Federal Patent Court in Munich, Germany. A team led by Axel Verhauwen of Krieger Mes & Graf v. der Groeben and Gottfried Schüll of Cohausz & Florack represented the plaintiffs.