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Samsung gives home court advantage to Huawei by litigating in China

July 25, 2016  | Subscribers Only

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Last week, Samsung Electronics said it sued Huawei Technologies for patent infringements through multiple courts in China. Samsung’s spokeswoman said the company sued Huawei in Beijing court about two weeks ago for allegedly infringing six of its patents. The types of patents and the other Chinese courts involved in the patent litigation were not provided. Back in May, Huawei sued Samsung in the United States and China for infringement of patents that are related to 4G communications technology, operating systems and user interface software.

Suing Huawei in China is Samsung’s first patent infringement filing in response to Huawei’s patent suit filed against them earlier. From the outset, Samsung’s decision to fight Huawei in China seems a little bit surprising considering China is regarded as a jurisdiction with weak patent protection rights. Adding the fact Samsung will be facing a well-known local company at its backyard, the task of gaining benefit from this litigation filing seems like a daunting task. Below are the two major reasons on why Samsung chose China as the first jurisdiction to litigate against Huawei despite the obvious challenges.

What are the two major reasons why Samsung chose to file a patent suit against Huawei particularly in China?
How will the current patent litigations between Samsung and Huawei expected to be concluded in a few years from now?

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