The Shenzhen Intermediate Court decides that a telecom company abused its patent rights by requiring to pay excessive royalties for essential patents for mobile telephone technology (Huawei / America IDC)

I. The background of Huawei vs. America IDC anti-monopoly case for abuse of essential patents in standard [1] In this case, the plaintiff, Huawei Technology Co., Ltd. (hereinafter referred to “Huawei”) mainly provides products and services to the communication operators, professional network owners, and wireless terminal users in the whole world. Up to the date of December 31, 2010, Huawei applied for 31869 patents of China, 8892 PCT international patent applications, and 8279 overseas patents, and obtained 17765 approved patents including 3060 approved patents of overseas countries. At the end of 2010, Huawei participated in 123 industrial standard organizations including ETSI standard organization, and submitted more than 23000 proposals to such standard organizations. The

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  • Renmin University of China

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Meng Yanbei, The Shenzhen Intermediate Court decides that a telecom company abused its patent rights by requiring to pay excessive royalties for essential patents for mobile telephone technology (Huawei / America IDC), 4 February 2013, e-Competitions Bulletin February 2013, Art. N° 53999

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