Fritzbox: AVM is threatened with a gross sales ban attributable to violations of Huawei’s WLAN patents

AVM Computersysteme Vertriebs GmbH, recognized for its Fritzbox routers, is alleged to be violating current WLAN patents of the Chinese language firm Huawei and is now confronted with a potential gross sales ban after dropping its first authorized dispute. The producer from Berlin needs to attraction towards a present court docket ruling and seems calm.

AVM threatens to ban the sale of Fritzbox routers

As Golem studies, Huawei accuses the Berlin firm AVM of violating two of its current WLAN patents. Huawei has already filed two lawsuits because of this, one in every of which was dismissed. A second process was accredited by the Munich I Regional Courtroom in November 2023, which considerations the so-called signaling fields, which within the Wi-Fi 6 customary point out whether or not a packet is transported to a number of recipients.

Judges reject AVM’s objections

The judges earlier than the regional court docket rejected AVM’s objections relating to procedural errors in addition to the reference to license negotiations beneath FRAND features. FRAND (“Truthful, Cheap and Non-Discriminatory Phrases”) is meant to forestall stalling techniques from occurring throughout negotiations.

The regional court docket sees a gross sales ban as justified

The Munich I Regional Courtroom guidelines towards AVM and sees a gross sales ban as justified, writes Heise.

Affected patents:

The judgment of the judges on the regional court docket was made in relation to the patent EP3337077 beneath the file quantity: 21 O 2576/22. The Munich I Regional Courtroom fully dominated in favor of Huawei within the first occasion, however it was initially a query of a gross sales ban that was not legally binding within the first occasion, in keeping with Heise.

If the above-mentioned judgment had been to turn into closing, AVM would now not be allowed to promote its WLAN merchandise with Wi-Fi 6, Wi-Fi 6E and Wi-Fi 7, together with all present Fritzbox high fashions.

– Heise –

AVM goes to the Greater Regional Courtroom

AVM has now lodged an objection towards the decision earlier than the Munich Greater Regional Courtroom. The corporate considers it questionable whether or not the corresponding WLAN patent is even used within the Fritzbox routers. AVM would additionally wish to convey an motion for nullity earlier than the Federal Patent Courtroom.

Units which are in the marketplace must be recalled and destroyed.

– Heise –

In an official assertion to Heise, AVM Computersysteme Vertriebs GmbH appeared combative and self-confident.

Huawei filed patent lawsuits in spring 2022 towards a number of firms, together with Amazon, Stellantis and Netgear. AVM is about customary important patents (SEP) for WLAN.

A lawsuit introduced by Huawei towards AVM was dismissed, and AVM has appealed towards the primary occasion judgment in a second lawsuit. AVM doesn’t see that this SEP from Huawei will even be utilized in frequent WLAN merchandise.

Because of this AVM doesn’t assume that this patent is being infringed.

A SEP will not be an “bizarre” patent, however a patent with out which a normal can’t be used. Sure guidelines subsequently apply to SEP. For instance, the patent holder is obliged to grant its licenses beneath honest, affordable and non-discriminatory (FRAND) situations.

In any other case, each holder of a SEP may theoretically have the usage of a normal similar to WLAN banned worldwide.

The above-mentioned judgment from the Munich Regional Courtroom will not be legally binding.

We’ve already filed an attraction. The suspension of Huawei’s proceedings towards Netgear exhibits how shaky the authorized scenario and specifically the authorized validity of the patent is […]

Finish prospects are typically not affected by rulings on patent points. On this particular case, which means a judgment, if it had been to turn into legally binding, would haven’t any affect on finish prospects.

As already described above, as a result of circumstances talked about (first occasion, Federal Patent Courtroom, LG Düsseldorf), we assume that the judgment doesn’t stand.

– AVM Computersysteme Vertriebs GmbH, assertion by way of Heise –

Huawei has additionally already made an announcement to the web site and is presently contemplating additional steps within the authorized dispute towards AVM.

We hope that AVM respects the court docket ruling that it infringed Huawei’s patent and that Huawei has behaved in accordance with the ideas of honest, affordable and non-discriminatory mental property licensing situations (FRAND).

Huawei’s wi-fi analysis groups have made vital contributions to business requirements that profit AVM. Refusal to pay FRAND royalties will not be honest to our inventors and our current licensees who acknowledge Huawei’s improvements and purchase licenses from Huawei with out litigation.

We are going to think about additional choices primarily based on AVM’s reactions to the ruling.

– Huawei, assertion by way of Heise –

The final phrase on this authorized and patent dispute is seemingly removed from being spoken.

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These: Golem, Heise