Brazilian court lifts ZTE’s 5G injunction against Samsung as expert rejects infringement and essentiality claims

Context: 

The dispute is part of a wider global patent licensing and enforcement dispute between ZTE and Samsung over 5G patents:

  • The holding of a preliminary injunction (PI) in favor of ZTE was set aside by the Rio de Janeiro State Court of Appeals (February 4, 2026 ip fray article).
  • In Germany, the Munich I Regional Court recently handed ZTE major fair, reasonable, and non-discriminatory (FRAND) victories against Samsung, finding that Samsung had not acted as a willing licensee and that ZTE was entitled to injunctive relief (April 30, 2026 ip fray article). The Munich court later indicated that ZTE could have demanded up to $798.6 million from Samsung under certain licensing scenarios and proposed a cross-license framework valued at approximately $640 million for five years (May 6, 2026 ip fray article).
  • More recently, the unified patent court (UPC) proposed cross-license terms of approximately $640 million for five years or $730 million for six years as part of ongoing efforts to resolve the wider ZTE-Samsung dispute (May 12, 2026 ip fray article).
  • Separately, Samsung recently sought security of approximately $335 million (€295 million) in a non-standard essential patent (SEP)UPC dispute involving a Germany-wide injunction (by a different party than ZTE) against its smartphones and tablets (May 8, 2026 ip fray article). While that case concerns different technology and does not involve SEPs, it may provide some indication of the scale of security that Samsung could seek in connection with enforcement of major patent injunctions.

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Court and counsel

Court: Rio de Janeiro State Court (Judge Caroline Rossy Brandão Fonseca).

Court-appointed experts: David Moura and João Abdalla Ney da Silva.

ZTE is being represented by:

Licks Attorneys (ip fray firm profile with numerous SEP achievements): Otto Licks, Carlos Aboim, Gabriel Mathias, and Matheus Ramalho.

Salomão Advogados: Luis Felipe Salomão Filho, Paulo Cesar Salomão Filho, and Alice M. Studart da Fonseca.

Belizze & Basílio Advogados: Marcelo Bellizze and Marcus Vinicius.

Samsung is being represented by: 

Montaury & Pimenta: Luiz Edgard Montaury Pimenta, Ana Paula Brito, and Maria Eduarda Junqueira.

FCDG: José Roberto de Castro Neves, Gustavo Birenbaum, and Pedro Ivo Bobsin.

Fux Advogados: Rodrigo Fux, Mateus Carvalho, and Thiago Sbano.