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Court Orders Huawei to Pay Attorneys' Fees for “Wide-spread Pattern of Litigation Abuse”

2019/11/20

Huawei must pay attorneys' fees in addition to a USD 10 million damages award for infringing patents owned by a patent licensing company.
 
In a ruling on November 15, the US District Court for the Eastern District of Texas found that due to the "egregious nature" of Huawei's litigation conduct, and the fact that "Huawei would not commit to refraining from this sort of conduct in the future", PanOptis was entitled to attorneys’ fees.
 
The dispute dates to 2017, when PanOptis sued Huawei for alleged infringement of five of its standard-essential patents (SEPs) relating to long-term evolution cellular communications.
 
PanOptis also asked the court for a declaratory judgment that it had complied with its obligation to licence the patents on fair, reasonable and nondiscriminatory terms (FRAND). But, during jury trial, Huawei argued that the terms offered by PanOptis were not FRAND. It later dropped this defence.
 
Ultimately, the jury returned a verdict in favour of PanOptis finding that Huawei willfully infringed the patents and awarded damages of more than USD 10 million.
 
Source: Wipr



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