Regional Court in Munich has ruled that two European subsidiaries of Amazon, as well as the Wi-Fi router manufacturer Eero, which is also owned by Amazon, infringed European Patent EP 3334112. As a result, they are no longer allowed to sell Wi-Fi 6-compatible products in Germany. The verdict was delivered on December 15, the same day as the trial.
Huawei has filed a lawsuit for preliminary injunction, information and accounting, destruction, recall, and damages (case identifier: 7 O 10988/22).
However, the judgment only applies to Wi-Fi routers that Amazon and Eero produce independently, such as the Amazon Fire TV Stick 4k. Other manufacturers can still sell their products through the Amazon platform.
Huawei can enforce the judgment against a security deposit of 4.5 million euros. Amazon can appeal the verdict, which is considered likely. So far, the court has not provided a written justification for its surprisingly fast decision. According to information obtained from JUVE Patent, Amazon has not yet filed an appeal.
If the judgment is upheld, Amazon will have to compensate Huawei for the damages the company has incurred since March 19, 2020. According to information obtained from JUVE Patent, Amazon has not requested the revocation of EP 112 yet and has focused on defending FRAND.
The judgment is part of a larger dispute over Wi-Fi 6 patents. Huawei has also filed a lawsuit against Amazon regarding another Wi-Fi 6 patent in Munich (case identifier: 7 O 10987/22). This case will be heard in March 2024 in Düsseldorf and Munich. Huawei has filed lawsuits against Amazon regarding the Wi-Fi 5 patent as well, but the courts have not yet set an oral hearing date.
Huawei has also filed a lawsuit against Fritzbox manufacturer AVM with two patent infringement lawsuits in the Regional Court in Munich. In November, the court issued an injunction in favor of AVM. The court ruled that AVM products capable of Wi-Fi 6 infringe Huawei’s EP 3 337 077 patent. AVM has appealed this judgment.
Furthermore, Huawei has filed lawsuits against other companies such as Netgear and automotive group Stellantis. The Chinese company filed a lawsuit against Netgear in the Regional Court in Düsseldorf. Huawei sued Stellantis in 2022 regarding patents for mobile phones related to vehicle communication. The Dutch company produces about 6 million cars annually under the brands Fiat, Opel, Peugeot, and Citroën.
While Huawei has only sued Amazon and AVM in German patent courts, the Chinese company escalated its dispute with Netgear before the Unified Patent Court in July. So far, Huawei has not had much success in the Regional Court in Düsseldorf. The court dismissed one of Huawei’s lawsuits and suspended the other.
Huawei’s lawsuit in the Munich local division was one of the first proceedings concerning standard essential patents (SEPs) in the new court (case identifier: ACT_459771/2023). According to the website www.upc.beetz.nl, Netgear recently filed an invalidity opposition to the UPC.
The team led by Christian Harmsen from Bird & Bird for Huawei before the Regional Court in Munich secured a judgment against Amazon and Eero. Bird & Bird partner has longstanding connections with the Chinese company. He was Huawei’s lead counsel in the dispute with ZTE, which led to the court proceedings before the Court of Justice of the EU in the case of Huawei vs. ZTE.
In Germany, Huawei also collaborates with a team of lawyers led by Tobias Hess. Hess transferred the client from the selected law firm Hoyng ROKH Monegier to Clifford Chance. He is responsible for handling cases against AVM and Netgear, among others.
As always when Huawei is involved in a patent dispute, patent attorneys from Braun-Dullaeus Pannen Emmerling law firm are involved. Friedrich Emmerling’s team has handled most of the proceedings for the Chinese group in the past. However, Huawei also cooperates with Mitscherlich & Partner.
AVM and Netgear are represented by Klaka and Freshfields Bruckhaus Deringer, respectively.
Amazon relied on the mixed law firm team Hogan Lovells led by partner Steffen Steiniger from Munich, as well as Benjamin Schröer. The law firm has longstanding relationships with Amazon in both the UK and Germany. Steffen Steininger, a partner in Munich at Hogan Lovells, represented Amazon in the German dispute over music streaming technology against Datascape.
The Hogan Lovells team led by Steffen Steiniger also represents Amazon in a case before the UPC against Nokia.
For Huawei: Bird & Bird (Düsseldorf): Christian Harmsen (lead counsel), Felix Rödiger, Matthias Meyer (all partners); legal counsel: Nick Pearson; trainees: Jonas Smeets, Xinming Chen Braun-Dullaeus Pannen Emmerling (Düsseldorf, Munich): Friedrich Emmerling, Karl-Ulrich Braun-Dullaeus, Michael Behmke, Franck Klein, Jörg Kohlschmidt (all partners); trainee: Melanie Zani (all patent attorneys) Internally (Munich, Brussels): Xiaowu Zhang (Head of Intellectual Property in Europe), Thomas Dreiser (Lead Legal Counsel in the EU), Liang Gao (Director of IP Dispute Resolution in Europe)
Steffen Steininger
For Amazon: Hogan Lovells (Munich): Steffen Steininger, Benjamin Schröer (both lead lawyers), Andreas Schmid (patent attorney, all partners); trainees: Daniel Kaneko, Leonard Hollander, Theresa Storr, Anna Wendl, Aaron Stumpf, Niels Gierse, Alexander Lebschy (patent attorneys)
Regional Court in Munich, Oliver Schön (presiding judge), Hubertus Schacht, Judge Tözsér
FAQ section related to the article:
1. What did the Regional Court in Munich rule regarding Amazon subsidiaries and Eero router manufacturer?
– The court ruled that Amazon, Eero, and the Wi-Fi router manufacturer infringed European Patent EP 3334112 and can no longer sell Wi-Fi 6-compatible products in Germany.
2. Which company filed a preliminary injunction lawsuit against Amazon?
– Huawei filed a lawsuit against Amazon for preliminary injunction, information and accounting, destruction, recall, and damages.
3. Which products are affected by the judgment?
– The judgment applies to Wi-Fi routers that Amazon and Eero produce independently, such as the Amazon Fire TV Stick 4k.
4. What actions can Amazon take regarding the judgment?
– Amazon can appeal the verdict.
5. How much security deposit can Huawei enforce against Amazon?
– Huawei can enforce a security deposit of 4.5 million euros.
6. Has Huawei filed lawsuits against other companies?
– Yes, Huawei has filed lawsuits against other companies such as Fritzbox, Netgear, and Stellantis.
7. Who represents Huawei in the patent dispute?
– Huawei is represented by a team of lawyers from Bird & Bird and Braun-Dullaeus Pannen Emmerling law firms.
8. Who represents Amazon in the patent dispute?
– Amazon is represented by a team of lawyers from Hogan Lovells law firm.
9. What other patent disputes is Huawei involved in?
– Huawei is involved in patent disputes with companies such as AVM, Netgear, and Stellantis.
10. Which other courts are involved in Huawei’s patent disputes?
– Huawei is involved in patent disputes in courts in Munich, Düsseldorf, and the Unified Patent Court.
The source of the article is from the blog lisboatv.pt