Context:
- Samsung frequently has to defend against standard-essential patents (SEPs). It sometimes countersues, but those assertions have been conspicuously unsuccessful. Before this year, the only win was a United States International Trade Commission (ITC) ruling against Apple in 2013, which proved inconsequential as the U.S. government vetoed an import ban.
- Presently, Samsung is embroiled in a 5G licensing dispute with ZTE. While ZTE has scored wins in Germany and Brazil (and its royalty demands have been endorsed by multiple courts: May 12, 2026 ip fray article), Samsung’s own assertions in the UPC and Germany have not succeeded. For example, the Munich I Regional Court dismissed a Samsung v. ZTE SEP case as “presently meritless” (March 26, 2026 ip fray article).
What’s new: Today, Mr Justice Mellor of the High Court of Justice for England and Wales (EWHC) handed down a technical merits judgment, finding the UK part of Samsung’s EP3934154 (“Method and apparatus for design of nr-ss burst set”) valid. ZTE limited its defenses to invalidity after conceding essentiality in the event of validity.
Direct impact: Technically, Samsung can go for an Unwired injunction conditioned upon ZTE accepting a license on terms determined by the UK courts to be fair, reasonable, and non-discriminatory (FRAND). ZTE can appeal the validity finding. In any event, ZTE’s UK business is small.
Wider ramifications: Against parties with a more substantial UK business, Samsung may find this patent more useful going forward, unless one of ZTE’s various invalidity contentions succeeds on appeal.
At this point the best chance for the dispute being resolved is a UPC ruling in ZTE’s favor, which could happen later this year or early next. The UK litigation is more of a distraction, and the UK FRAND determination is at odds with what courts in several other jurisdictions found.