Context: Last month, Xiaomi settled a standard-essential patent (SEP) dispute with Japan’s Panasonic (October 25, 2024 ip fray article). The settlement disposed, inter alia, of multiple cases pending in the Unified Patent Court (UPC).
What’s new: Garland, TX-based Advanced Standard Communication LLC filed at least one UPC lawsuit against Xiaomi earlier this month. A case is pending in the UPC’s Munich Local Division (LD) over EP3016464 (“Method for measuring discovery signal, base station, and terminal”). The patent was originally obtained by ZTE, a fellow Chinese company.
Direct impact: Xiaomi is known to approach licensing negotiations constructively, yet finds itself forced at times to defend itself against excessive royalty demands. What is unclear is whether Xiaomi and ZTE have a patent license agremeent in place. If so, then it was apparently signed after the assignment of that patent to Advanced Standard Communication.
Wider ramifications: ZTE has stepped up its patent monetization efforts. That also triggered a pre-emptive strike by Lenovo in the UK (October 27, 2024 ip fray article).
The four Xiaomi entities sued by Advanced Standard Communication include the company’s German and Dutch subsidiaries. Xiaomi has a strong position in major European markets.
There isn’t more information available on this dispute other than the panel composition and the identity of the plaintiff’s lead counsel.
The case was assigned to the Munich LD’s second panel: Presiding Judge Ulrike Voss , Judge Daniel Voss (both spelled as “Voß” in German) and Judge Rute Lopes (Lisbon, Portugal).
The plaintiff is represented by Eisenfuehr Speiser’s Dr. Michael Schneider.