In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

BREAKING: Datang sues fellow Chinese company Xiaomi in Munich over three 4G/5G standard-essential patents

This is just a short news piece. A spokeswoman for the Landgericht München I (Munich I Regional Court) confirmed the pendency of three recently-filed Datang v. Xiaomi cases:

  • case no. 21 O 3009/25: EP2237607 (“Method and apparatuses for implementing cell handover”); last year, the same division of the Munich I Regional Court (Presiding Judge: Dr. Georg Werner) handed down an injunction against Samsung over this patent (case no. 21 O 16085/22)
  • case no. 21 O 3216/25: EP3713313 (“Uplink power control method, and mobile communication terminal”)
  • case no. 21 O 7258/25: EP2315369 (“Methods and devices for adaptive modulation and coding”)

All three are essential to the LTE (Long Term Evolution) standard, which is known as 4G but also forms the basis of 5G.

Datang is a a subsidiary of the state-owned China Academy of Telecommunications Technology (CATT).

The mother of all Chinese-Chinese cellular SEP disputes on German soil was Huawei v. ZTE, which gave rise to the seminal European Court of Justice (ECJ) ruling on how to adjudicate a FRAND (fair, reasonable and non-discriminatory licensing) defense.

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