On April 30th, according to national media reports, the Munich District Court in Germany recently ruled on a patent infringement case, determining that Samsung has infringed a 4G/LTE essential patent held by Datang Mobile.
The judgment states that Samsung must pay a fixed compensation for almost all smartphones (as they mostly support 4G) sold in Germany since August 21, 2021.
Furthermore, all relevant models currently circulating in the market must also be destroyed.
However, this judgment does not yet have full legal effect because Datang has not yet chosen to pay a deposit of at least 2.5 million euros for temporary enforcement.
It is understood that the patent involved in this lawsuit ensures seamless connectivity between mobile phones and base stations during movement, a technology considered an essential component of the LTE standard.
In the lawsuit, Samsung claimed not to be aware of Datang Mobile's ownership of the relevant patents, and there is significant controversy between the two parties regarding the FRAND principle (Fair, Reasonable, and Non-Discriminatory, a commitment required by standard organizations for patent holders in standard setting and implementation).
Samsung believes that Datang did not provide an appropriate licensing agreement in line with the FRAND principle. However, these defense arguments were not accepted by the court. Additionally, Samsung initiated invalidation proceedings against the relevant patents, but the court refused to suspend the patent dispute due to the invalidation proceedings.
