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New Delhi Wealth Management:"King of African Mobile" was prosecuted by Qualcomm in India: will continue to start a patent negotiation with third parties

 2024-10-29  Read 54  Comment 0

Abstract: The patent of mobile phone patent is reunited. On July 12, it was reported that the four non -standard basic patents were violated in Shenzhen Co., Ltd. (688036.SH short abbreviation) in the Delhi High Court of India. After that, it was con

"King of African Mobile" was prosecuted by Qualcomm in India: will continue to start a patent negotiation with third parties

The patent of mobile phone patent is reunited.

On July 12, it was reported that the four non -standard basic patents were violated in Shenzhen Co., Ltd. (688036.SH short abbreviation) in the Delhi High Court of India.

After that, it was confirmed that the news was suing and issued a statement saying that "the company has filed a legal lawsuit against Shenzhen Chuanyin Holdings Co., Ltd. to protect our patent rights and help all our licensee restore a fair competitive environment."

Photo source: Screenshot's official website

According to the understanding of the Times Weekly reporter, the patent rate is a large focus of this lawsuit.

Qualcomm believes that Chuanyin Holdings has always refused to comprehensively obtain Qualcomm's permission. Most of the products have not been permitted by Qualcomm, and they are still invading Qualcomm's highly valuable patent combination.However, when responding to the Journal reporter of the Times, Chuanyin Holdings pointed out that some of the patent holders' demands for excessive permission fees did not fully follow the principles of fairness, reasonable and non -discrimination.New Delhi Wealth Management

It is understood that India is one of the relatively important markets in the global layout.IDC data statistics, global smartphone shipments in 2023 were 1.17 billion units, a decrease of 3.2%year -on -year, while Chuanyin Holding mobile phone shipments were shipped by 194 million units, an increase of 24%against the trend.Among them, Chuanyin Holdings has 8.2%in the Indian smartphone market, ranking sixth.

On July 14, Chuanyin Holdings announced that the company's controlling shareholder proposed that the medium dividend ratio of 2024 was not less than 50%of the net profit of mother -in -law in the semi -2024 year.

As the "King of Africa", the development momentum of Chuanyin Holdings is very fierce, but there are many troubles.

Why is it sued?

It is understood that Qualcomm's prosecution in India violates four non -standard necessary patents.This is compared to the standard necessary patent (SEP).

SEP refers to the patent that must be used for implementing technical standards, and has the characteristics of irreplaceability and mandatoryness.Because of this, such patent holders must promise to standardize organizations to permit these patents in a fair, reasonable, and discriminatory clause to prevent patent people from using their status to monopolize the market.

Non -standard necessary patents refer to those patents that are not necessary for international standards or industry standards, but they are the patent scope owned by patent owners.Other companies can try to bypass these patents, but if they choose to use, they need to pay patent fees.

According to a statement provided by Qualcomm to Times, Qualcomm believes that Chuanyin uses Qualcomm's patented technology in its products, including wireless communication standard technology and patented technologies in other fields. These patented technologies are the mobile terminalIndependent part.Although Chuanyin Company has recently signed a license agreement with Qualcomm for some products, most of its products have not been permitted by Qualcomm, and they are still invading Qualcomm's highly valuable patent combination.

According to the relevant person in charge of Yin Holdings, the current Yin Yin and Qualcomm signed an agreement on the 5G standard patent permit and are performing the agreement.The current sales network of Chuanyin Holdings covers countries with more than 70 emerging markets including Africa and South Asia.In these countries, some patent owners do not have or only have a small amount of patents, but they are required to be required to be too high in permits according to the global unified rate.There are no patents in the market or only a small amount of patent, and there are factors such as providing different rates in different regions.

"We believe that some patent -owners' practices do not fully follow the principles of fairness, reasonableness and non -discrimination." Chuanyin Holdings responded.Pune Wealth Management

Xia Hailong, a lawyer of Mengai Shenlun Law Firm, told the Time Weekly reporter that Qualcomm, as a patent holder, has the right to filed a lawsuit with the infringement he believed, and the rumor as the defendant may propose reasons for defense, such as unbalanced, patent invalid patents invalidatewait.In such patent lawsuits, the court needs to review the evidence provided by both parties, including the effectiveness of patent rights, the existence of infringement, etc. to make a final decision.

Earlier, Qualcomm had occurred with and Meizu's "patent war", all of which ended with reconciliation.

In 2016, Qualcomm sued Meizu to the Beijing court because Meizu did not sign the 3G/4G technology patent license agreement with it, and the negotiations were unsuccessful for 7 years.Meizu eventually accepted Qualcomm's patent permit conditions, and the reconciliation of the two parties ended the lawsuit.

In 2017, on the grounds of suspected "antitrust", Qualcomm will be sued to the Federal Court of the Southern District of California in the United States, and Qualcomm has accused Qualcomm with unfair patent authorization behavior to make losses 1 billion US dollars.Qualcomm immediately sued Apple's foundry to the court and asked the court to order Apple to perform the patent license contract and compensate its losses.After that, the "fairy fight" of the two companies spread to the global scope.It was not until 2019 that the two parties reached a settlement agreement.According to the settlement agreement, Apple will pay a payment to Qualcomm. The two companies have reached a 6 -year patent license agreement and signed a chipset supply agreement for many years.

Patent permit costs have always been one of the important sources of income from Qualcomm.The Gaotong's 2023 financial report shows that the revenue of patent authorization (QTL) is as high as 5.3 billion US dollars, accounting for 15%of its total revenue.According to the second quarter of fiscal year in May this year, Qualcomm QTL's business revenue was 1.3 billion US dollars, an increase of 2%compared with the same period last year, accounting for about 14%of the total revenue.This growth is mainly due to the estimated sales growth of 3G/4G/5G multi -mode products.

Photo source: Screenshot from Qualcomm 2024 FY 2024 Financial Report

In recent years, Chuanyin Holdings has developed rapidly in many emerging markets.

According to the market research agency IDC and Canalys, the global smartphone shipment data released in the first quarter of 2024, the shipments of Chuanyin Holdings ranked fifth in the world.

The main products of Chuanyin Holdings are the three major brands of TECNO, Itel and Infinix, including functional and smart phones.The sales area is mainly concentrated in global emerging market countries such as Africa, South Asia, Southeast Asia, the Middle East, and Latin America.

India is one of the relatively important markets in the global layout. Chuanyin Holdings has set up factories and logistics warehouses in Ethiopia, India, Bangladesh and other places.IDC data statistics, in 2023, the Holdings sound market share in the Indian smartphone market 8.2%, ranking sixth.

Therefore, Qualcomm selected the litigation battlefield in India, or it had a significant impact on the pronunciation."For transmission, if it is judged to infringe, it may face risks such as compensation liability, damage to the market reputation, and product ban. This may have a negative impact on its business and financial performance in the Indian market." Xia Hailong mentionedEssence

Earlier, due to the losses in the patent lawsuit, OPPO and Vivo had been banned of the fate of the ban on sale in Germany.It was not until the reconciliation with reaching, and OPPO's brand One Plus began to return to the German market.As of now, the Times reporter has visited the German official website of OPPO, and it is still empty; vivo Germany's official website shows that "currently vivo products are not available in Germany."

Picture source: Screenshot from vivo German official website

In addition to Qualcomm, Chuanyin Holdings also faces a lawsuit in India.According to the British "Financial Times" report, it is also impressed by Chuanyin Holdings, requiring the payment of patent fees.

Xia Hailong said that with the increasing protection of protection worldwide, in order to respond to such problems, enterprises need to strengthen research and development investment, enhance independent innovation capabilities, and reduce dependence on external patentsChennai Investment. On the other handEstablish their own patent combinations for applications and acquisitions to form dual strategies for defense and offense.In addition, he suggested that enterprises maintain good communication with international patent organizations and industry associations, timely understanding industry developments and patent risks, and at the same time seek professional legal assistance in target market countries to ensure that they can respond quickly when facing lawsuits.

"In the mobile phone industry, intellectual property litigation is frequent. During the operation of various brand manufacturers at home and abroad, all brand manufacturers of mobile phone have been facing intellectual property lawsuits." The person in charge of Chuanyin Holdings also said that he will continue to start patent negotiations with third parties,Promote a reasonable license fee under the framework of fairness, reasonable and non -discrimination.


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