Acer and ASUS may still be holding out (non-judgmentally speaking). We received surprising information from a court on Friday and took note of an interesting but little-noticed statement. German SEP injunctions are often easier to win than to enforce.
Context:
- On January 8, 2026, the Landgericht München I (Munich I Regional Court) granted Sisvel licensor Wilus a WiFi 6 injunction against ASUS (January 30, 2026 ip fray article).
- On January 22, 2026, the same court enjoined computer makers Acer and (again) ASUS over a Nokia video patent (January 23, 2026 ip fray article).
- No settlement of any of the three disputes has been announced.
- HMD hasn’t settled with VoiceAge EVS. That dispute has even reached the top German court for patent disputes (January 27, 2026 ip fray article), and while all conventional appeals have been exhausted, HMD may file a constitutional complaint.
- Other examples of implementers of standards who held out even years after German SEP injunctions are HTC (against IPCom in the early to mid 2010s) as well as OPPO and vivo (both of which left the German market).
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- If a violation is established, the defendant can then attempt to explain it away in terms of not being responsible. Then the burden of proof shifts, but it goes back to the plaintiff if it seeks to disprove the defendant’s excuse. ↩︎