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5G mobile communication technology becomes arena for patent disputes between global companies

AJU KIM CHANG LEE|January 18, 2022
5G mobile communication technology becomes arena for patent disputes between global companies

5G mobile communication is mobile communication technology with a maximum download speed of 20 Gbps and a minimum download speed of 100 Mbps, and has the characteristics of ultra-high speed, ultra-low latency, and hyper connectivity, and can implement virtual reality/augmented reality (VR/AR), autonomous driving, and Internet of Things (IoT).

AJU KIM CHANG LEE

Figure 01 / 02

5G Patent Dispute Ecosystem

STEP 01

Standard patent portfolio built

Companies accumulate SEPs (Standard Essential Patents) as 5G standards are set

STEP 02

Royalty negotiations initiated

SEP holders demand licensing fees from device manufacturers and network operators

STEP 03

FRAND disputes arise

Disagreements over whether royalty terms are Fair, Reasonable, and Non-Discriminatory

STEP 04

Litigation or settlement

Cases typically resolve via royalty agreements and cross-licensing rather than product bans

How global companies compete through 5G patent litigation

Figure 02 / 02

Key 5G Patent Disputes

CategoryPartiesNature of Dispute
Apple vs. QualcommRoyalty dispute — settled by agreement
Samsung vs. EricssonPatent litigation over 5G communication patents
Huawei vs. Verizon/HP/CiscoPatent infringement claims by Huawei against US operators and suppliers
Nokia vs. Oppo (cross-suit)Global patent lawsuits; Oppo filed counter-lawsuit against Nokia

Major ongoing patent battles among global 5G technology companies

TopicsIP News

Executive Summary

5G mobile communication is mobile communication technology with a maximum download speed of 20 Gbps and a minimum download speed of 100 Mbps, and has the characteristics of ultra-high speed, ultra-low latency, and hyper connectivity, and can implement virtual reality/augmented reality (VR/AR), autonomous driving, and Internet of Things (IoT).

While the previous CDMA (2G), WCDMA (3G), and LTE (4G) were communication networks that were simply connected to mobile phones, 5G has the characteristic of connecting all electronic devices in addition to the realm of mobile phones.

Currently, several countries around the world are heavily competing for 5G technology and market preoccupation, and many patent disputes are taking place between related global companies.

Beginning with a lawsuit between Apple and Qualcomm that ended with an agreement, a number of patent disputes between global companies, such as patent litigation between Samsung and Ericsson, a lawsuit lodged by NPE that purchased LG Electronics’ patent against Samsung Electronics, patent infringement lawsuits lodged by Huawei against the largest mobile operator in the US, Verizon, and its suppliers HP and Cisco, a global patent lawsuit filed by Nokia against Oppo, a counter lawsuit filed by Oppo against Nokia, etc. are taking place.

Each company is trying to gain an advantage with technology or licensing strategies through litigation with its competitors, and in connection with standard patents, disputes related to royalties, etc. are constantly taking place.

Recently, Ericsson and Apple started a dispute over royalties for mobile communication technology patents again after about six years, and the two companies are each arguing that the other party is in violation of the FRAND principle.

Considering the results of past 4G mobile communication-related patent litigation and the recent patent strategies of global companies, this will likely result in the conclusion of royalty agreements and cross-licensing rather than intensified disputes including bans on selling products, and attention is now focused on which companies will show patent competitiveness in the field of 5G technology.

Published

January 18, 2022 · AJU KIM CHANG LEE

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