The patent and FRAND dispute between Huawei and Samsung is taking place in both the United States and China. But the speed of the judicial machinery in the latter has made Huawei’s home turf more immediately relevant. That has the Korean company worried – as this blog reported earlier in the month, Samsung has asked a judge in California’s Northern District to prevent Huawei from enforcing an injunction it earned in January from the Shenzhen Intermediate People’s Court. While the Chinese court order has not come into effect, it could do so “within months” if and when avenues for appeal run out.

On Tuesday, Huawei replied to Samsung’s request. Predictably, it offered a litany of reasons why no anti-suit injunction should be granted. Such an intervention by the US court would have the effect of “undermining the outcome of a full and fair proceeding in China – a proceeding whose outcome leaves Samsung unhappy but whose fairness is not seriously questioned”, Huawei’s representatives insist.

Huawei also provided an update on the full scope of the two parties’ litigation battle in China. This document sheds light on the full scope of the conflict, which spans 43 separate suits. It also allows us to see how each company’s patents have held up in the validity phase of the proceedings.

Between May and October 2016, the two parties filed a total of 42 patent infringement complaints against each other (in China, each asserted patent gets its own separate case). Another separate case deals with “rate-setting and royalty payment” issues. In all Huawei asserted 20 patents against Samsung – 13 SEPs and seven non-SEPs. Samsung responded by asserting 22 patents against Huawei – 14 SEPs and 8 non-SEPs.

By this point, all 42 patents-in-suit on both sides have undergone invalidation procedures before China’s Patent Reexamination Board. Here are the results, as collated by Huawei:

PRB decisions in Huawei v Samsung patent invalidations

Patent owner

Type

Total patents asserted

Maintained (incl. partial maintenance)

All claims invalidated

Invalidation ratio

Huawei

SEP

13

12

1

8%

Non-SEP

7

3

4

57%

Samsung

SEP

14

9

5

36%

Non-SEP

8

0

8

100%

As the numbers make clear, invalidations have taken a toll on Samsung’s assertion campaign. Just 40% of the Korean firm’s patents have survived to go to trial. Huawei, on the other hand, has seen 75% of its rights upheld, including all but one SEP.

Huawei also reports that Samsung has voluntarily withdrawn three of its SEP claims in China, due to “issues related to a 3G pass-through license from Qualcomm”.

Here are the remaining infringement cases, and their first-instance venues in China (again, as reported by Huawei):

Pending Huawei/Samsung litigation in China, as of February 2018

Venue

Huawei SEP assertions

Huawei Non-SEP assertions

Samsung SEP assertions

Samsung Non-SEP assertions

Shenzhen

7

0

3

0

Beijing

5

0

2

0

Xi’an

0

1

2

0

Quanzhou

0

1

0

1*

Guangzhou

0

1

0

0

*Huawei reports this patent has been invalidated, but the suit not yet withdrawn

So Huawei has 15 active cases, and Samsung will soon have just seven. There have been three decisions thus far. A Quanzhou court ruled in Huawei’s favour last April (ordering damages of $11.6 million). And two separate decisions were the basis for the SEP injunction issued in Shenzhen last month. The rest of the cases are awaiting further hearings.