Two European subsidiaries of Amazon and Eero – a producer of wifi routers additionally owned by Amazon – have infringed European patent EP 3334112 and should now now not promote Wifi-6-capable merchandise in Germany. The Regional Court Munich handed down this ruling on December 15, on the identical day because the listening to.
Huawei had sued for injunctive aid, info and accounting, destruction, recall and damages (case ID: 7 O 10988/22).
However, the ruling solely impacts wifi routers that Amazon and Eero manufacture themselves, such because the Amazon Fire TV Stick 4k. Other producers could proceed to promote their merchandise through the Amazon platform.
Potential damages
Huawei can implement the judgment towards a safety deposit totaling €4.5 million. Amazon could attraction towards the judgment, and that is thought of doubtless. However, because the court docket has not but justified its surprisingly fast resolution in writing, the US firm has not determined whether or not to take this step.
If the ruling stands, Amazon must compensate Huawei for the damages it has suffered since 19 March 2020. According to JUVE Patent info, Amazon has not so far filed a nullity motion towards EP 112, however has focused on the FRAND defence.
Four claims towards Amazon
The judgment is a component of a bigger dispute over Wifi 6 patents. Huawei has additionally sued Amazon over one other Wifi 6 patent in Munich (case ID: 7 O 10987/22). The court docket will hear this case in March 2024. In Düsseldorf and Munich, Huawei sued Amazon over a Wifi 5 patent, however the courts haven’t but set a date for the oral listening to.
Huawei can also be taking motion towards Fritzbox producer AVM with two infringement fits on the Regional Court Munich. In November, according to press reports the court docket ordered AVM to stop and desist. The court docket was of the opinion that Wifi-6-capable AVM merchandise infringed Huawei’s EP 3 337 077. AVM has since appealed towards the ruling.
In addition, Huawei sued different firms reminiscent of Netgear and automotive group Stellantis. The Chinese firm sued the previous at Düsseldorf Regional Court. Huawei sued Stellantis again in 2022 over cell phone patents that play a task in automobile connectivity. The Netherlands-based firm manufactures about six million automobiles a 12 months below the Fiat, Opel, Peugeot and Citroën manufacturers.
Huawei turns to UPC
While Huawei solely sued Amazon and AVM in German patent courts, the Chinese firm escalated its dispute with Netgear to the Unified Patent Court in July. Previously, Huawei had not had a lot success at Düsseldorf Regional Court. The court docket had dismissed considered one of Huawei’s lawsuits and suspended the second.
Huawei’s lawsuit on the Munich native division was one of many first SEP proceedings on the new court docket (case ID: ACT_459771/2023). According to the web site www.upc.beetz.nl Netgear lately has filed a counter declare of revocation with the UPC.
Bird & Bird once more
A staff led by Christian Harmsen for Huawei on the Regional Court of Munich obtained the judgment towards Amazon and Eero. The Bird & Bird companion has an extended relationship with the Chinese firm. He was Huawei’s lead counsel within the dispute with ZTE, which led to the landmark judgment of the CJEU in Huawei vs. ZTE.
Christian Harmsen
In Germany, Huawei additionally works with a staff of attorneys led by Tobias Hessel. Hessel introduced the consumer relationship from his old regulation agency Hoyng ROKH Monegier to Clifford Chance. He is main the lawsuits towards AVM and Netgear, amongst others.
As at all times, when Huawei is concerned in patent litigation, the patent attorneys of Braun-Dullaeus Pannen Emmerling are concerned. Fritz Emmerling’s staff has performed many of the proceedings for the Chinese group up to now. However, Huawei additionally works with Mitscherlich & Partner.
AVM and Netgear are defending themselves with Klaka and Freshfields Bruckhaus Deringer respectively.
Amazon relied on a blended staff from Hogan Lovells led by Munich-based companion Steffen Steiniger and Benjamin Schröer. The agency has long-standing relationships with Amazon in each the UK and Germany. Hogan Lovells’ Düsseldorf companion Steffen Steininger acted for Amazon within the German dispute over music streaming expertise towards Datascape.
A Hogan Lovells staff round Steffen Steininger is representing Amazon also in a UPC case against Nokia.
For Huawei
Bird & Bird (Düsseldorf):Christian Harmsen (lead), Felix Rödiger, Matthias Meyer (all companions); counsel: Nick Pearson; associates: Jonas Smeets, Xinming Chen
Braun-Dullaeus Pannen Emmerling (Düsseldorf, Munich): Friedrich Emmerling, Karl-Ulrich Braun-Dullaeus, Michael Behmke, Franck Klein, Jörg Kohlschmidt (all companions); associates: Melanie Zani (all patent attorneys)
In-house (Munich, Brussels): Xiaowu Zhang (Head IPR Europe), Thomas Dreiser (Chief EU IP Litigation Counsel), Liang Gao (Director IPR Dispute Resolution Europe)
Steffen Steininger
For Amazon
Hogan Lovells (Munich): Steffen Steininger, Benjamin Schröer (each lead authorized), Andreas Schmid (patent lawyer, all companions); associates: Daniel Kaneko, Leonard Hollander, Theresa Storr, Anna Wendl, Aaron Stumpf, Niels Gierse, Alexander Lebschy (patent lawyer)
Regional Court Munich,
Oliver Schön (presiding decide), Hubertus Schacht, decide Tözsér
