Xiaomi vs KPN German Federal Patent Court Ruling on SEP Dispute

TapTechNews August 21st news, according to JUVEPatent, the German Federal Patent Court has made a judgment in the standard essential patent (SEP) dispute case between Xiaomi and Royal Dutch Telecom (KPN), and the court revoked a communication patent belonging to KPN.

KPN accused Xiaomi of infringing its patent in some of its smartphones (TapTechNews note: EP2291033, referred to as EP033), and sued Xiaomi in the Düsseldorf Regional Court in April 2022.

EP033 involves telecommunications networks and time-based network access methods, KPN claims that this patent plays an important role in LTE and NR mobile communication standards.

Xiaomi filed an invalidation lawsuit in October of the same year against the German part of EP033 in the Munich Federal Patent Court . In September 2023, the court said in a formal notice that it considered the patent may be invalid.

Due to the qualified notice, the Düsseldorf Regional Court suspended the parallel infringement lawsuit.

In early August this year, the German Federal Patent Court began to hear the invalidation lawsuit of the EP033 patent. The Fourth Patent Invalidation Senate chaired by Judge Sabine Werner ruled that the EP033 patent is invalid due to lack of creativity.

At present, KPN has indicated that it will appeal the judgment, which means that the parallel infringement lawsuit in the Düsseldorf Regional Court will continue.

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