- Huawei wins multiple court rulings in legal dispute with Netgear
- The patents involved are critical to the WiFi 6 technology used in Netgear wireless routers
- Netgear makes the popular Nighthawk and Orbi series of products
Updated 01/06/25:
After the verdict of this case was pronounced, the acting public relations company Netgear It has been confirmed that the company has licensed Huawei’s WiFi 6 patents, “resolving all pending WiFi-related litigation.”
The original text of the article is as follows:
Huawei has won a series of legal victories in its ongoing WiFi 6 technology patent dispute with Netgear, and the latest developments could have a profound impact on Netgear’s business in Europe.
According to reports by intellectual property activists Florian MillerThe Unified Patent Court (UPC) recently granted Huawei a multi-country injunction against Netgear following a ruling by its Munich regional chamber.
The decision centers on WiFi 6 standard essential patents (SEPs) and applies to seven countries including Germany, France and Italy. Mueller said this marks one of the most commercially significant rulings on standard-essential patents in UPC history.
Netgear faces tough choices
Netgear, a major router brand in the United States, is known for its nightjar and Orbi Products, which have been defending claims against Huawei but face mounting challenges. A new ruling from Munich’s 1st District Court is expected on January 9, 2025, which may further complicate matters. In this case, Huawei asserts another WiFi 6 SEP, which, according to court proceedings, appears likely to be deemed valid and infringed.
Netgear’s defense is based on arguments related to FRAND (fair, reasonable and non-discriminatory) licensing obligations and exclusive rights. However, Mueller said courts have historically been skeptical of such defenses unless supported by strong evidence. Netgear hopes patent exhaustion will protect devices using Qualcomm chips, but its applicability is limited. According to the UPC ruling, the exhaustion defense only applies if Qualcomm chips are first sold within the EU, creating logistical and manufacturing hurdles for Netgear.
This decision reinforces the UPC’s position on SEP and FRAND obligations, with implications beyond Netgear. The court emphasized that implementers must engage constructively in license negotiations and, in certain circumstances, accept joint license offers. Netgear’s rejection of a pool license, coupled with its litigation strategy, has not helped its position.
With enforcement of the ban looming, Netgear faces a tough choice: negotiate a license or face further legal and operational setbacks, Mueller said. This case not only highlights the complexity of enforcement of European standard essential patents, but also sets a precedent for similar disputes in the future.