Tuesday, February 26, 2019

BREAKING NEWS: Huawei and Samsung settle their patent infringement dispute

Huawei and Samsung just filed a joint motion to stay the appellate proceedings before the Federal Circuit relating to Samsung's antisuit injunction. The reason for the request for a stay (at a stage where everything but the appellate decision had happened already) is that they entered into a settlement agreement yesterday.

Here's the motion (this post continues below the document):

19 02 26 Settlement Notice by on Scribd

This is the body of the motion:

"Appellants Huawei Technologies Co., Ltd., Huawei Device USA, Inc., and Huawei Technologies USA, Inc. (collectively, 'Huawei'), and Appellees Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Research America, Inc. (collectively, 'Samsung'), hereby move this Court, pursuant to Federal Rule of Appellate Procedure 27, for a 30-day stay of this appeal. On February 25, 2019, the parties entered into a settlement agreement and, pursuant to that agreement, they anticipate that in the next several weeks they will complete the pending steps to finalize the settlement and ultimately that Huawei will file an unopposed motion to dismiss this pending appeal within the next 30 days."

The U.S. case, filed back in 2016, would have gone to trial in September--and the jury would have heard Samsung's allegations of Huawei having breached its FRAND licensing obligations. Many infringement cases were brought by Huawei in China, and Samsung retaliated there as well.

This was the most important--in fact, the only important--dispute ever involving two Android device makers.

As always, I congratulate both parties on freeing up resources this way!

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