التكنولوجيا وأخبارها بوابة الإمارات لتكنولوجيا المعلومات والإتصالات
A Final Victory for Sisvel Before the German Federal Supreme Court (BGH) In the Sisvel vs. Haier Case
German Federal Supreme Court heard the arguments in the
case between Sisvel and Haier regarding Sisvel’s request
for injunctive relief for infringement of cellular standard
essential patents (SEPs) owned by Sisvel. The decision
rendered on May 5, marks the final decision on the
infringement of Sisvel’s European patent EP 0 852 885 (“EP
885”), and the related FRAND defense after a 6 year long
legal dispute.
Prior to this verdict, on March 10, 2020 the BGH had
already given final confirmation that Sisvel’s EP 885 should
be considered valid. The nullity actions had been filed by
Haier and ZTE. On April 28, 2020 there was a subsequent
decision by the BGH confirming the validity of Sisvel’s
European patent EP 1 264 504, where Haier and ZTE were
likewise the plaintiffs. Last but not least, yesterday the BGH
ruled that in the infringement proceedings of EP 885 the
decision of the Appeal Court in Düsseldorf from March 2017
is reversed in relation to the finding on costs and insofar as
the decision has found to the detriment of the plaintiff, i.e.
Sisvel.
“Sisvel welcomes the results we have obtained in the
recent weeks before the highest court for patent matters in
Germany. Whilst we still see a too much hold-out and
“efficient infringement” strategies being used, we have
every confidence that Haier and implementers alike will
take notice of this landmark decision.” said Florian Cordes,
who managed the litigation for Sisvel, “We also trust that
the decision of the BGH will provide certain instructions to
the market and courts how implementers of SEPs should
behave, which may prevent future disputes.”
The patents asserted against Haier are part of Sisvel’s
bilateral “Wireless” program and are available under
license with its “Mobile Communication Program” (MOP) as
well. The Sisvel MCP is a licensing platform that licenses
cellular (2G, 3G, 4G) standard essential patents, which are
owned by a variety of companies, including Airbus DS, KPN,
Mitsubishi Electric, Orange, Sisvel and 3G Licensing.
For additional information about the program, please visit
the dedicated section of our website:
https://www.sisvel.com/licensing-programs/wireless-
communications/mcp/introduction
