2024-05-11 18:22:08
A Chinese manufacturer has now lost in a dispute with a US company. The consequences are serious.
Various cell phones and notebooks from the Chinese manufacturer Lenovo are currently no longer allowed to be sold in Germany. According to a report in “Wirtschaftswoche”, the reason is a patent lawsuit by the US company Interdigital.
All Lenovo products that are equipped with a WWAN module (Wireless Wide Area Network) are affected by the sales ban. In addition to smartphones and cell phones from the Motorola Mobility brand – a Lenovo Group company – these include notebooks and tablets from Lenovo that are equipped with mobile phone access. In short: all electrical items with a WWAN module.
Reason for the sales ban
According to the report, the hearing was held at the Munich Regional Court (AZ: 7 O 12029/23) at the beginning of May – but the verdict has not yet been published. However, the plaintiff Interdigital has published information about the negotiation on its website.
The notice states that Interdigital has been granted an injunction against Lenovo by a court in Germany. Lenovo violated Interdigital’s patent instruction on 4G and 5G devices. In addition, Lenovo is “an unwilling licensee.” “We respect the decision of the Munich court, but are of the opinion that IDC itself has violated its legal obligations to license its technology to Lenovo on fair, reasonable and non-discriminatory terms,” ”Wirtschaftswoche” quoted Josh Schmidt, Chief Legal Officer, as saying at Interdigital.
Are there still devices on the market?
Lenovo can still appeal the verdict. However, according to Wirtschaftswoche, the plaintiff company has deposited a deposit of over four million euros with the Munich regional court. As a result, the “provisional enforcement” came into force.
This means: “It belongs to the defendant [schon jetzt] prohibited from offering patent-infringing items in Germany […] or introduce. In addition, compensation must be paid,” explains a spokeswoman for the court when asked by “Wirtschaftswoche.” In short: a Germany-wide sales ban for all Lenovo devices with the WWAN module in question.
But: Smartphones, tablets and notebooks from Motorola and Lenovo that are currently still on sale do not have to be taken off the shelves. They can still be sold.