Xiaomi does not infringe the 4G patent and does not have to destroy smartphones

Xiaomi has won a lawsuit for infringement of an LTE patent from Sisvel. The court of The Hague did not find it proven that Xiaomi committed an infringement, which means that the company does not have to recall and destroy its smartphones in the Netherlands.

Xiaomi is neither directly nor indirectly infringing on Sisvel’s LTE patent , the court of The Hague concluded. Sisvel can still appeal. The case concerns a European patent EP 272 from Nokia. It refers to a ‘method and system for connecting mobile devices to a wireless communication network’. Xiaomi has not accepted an offer from Sisvel to establish license terms for its Mobile Communications Program . Under this heading, Sisvel offers companies to take out licenses to its patent portfolio for mobile technology.

Sisvel argued that Xiaomi has infringed patent EP 272 with its smartphones and demanded that the company organize a recall to destroy infringing products, among other things. Xiaomi argued that there are differences between the network architecture of the patent and that of the LTE standard. Among other things, on a connection request, a smartphone would send a signal to a Serving Gateway via LTE, where the patent refers to a signal from a support node to the access support node, or GGSN.

The judge agreed with that defense. “After all, the procedure that is ‘triggered’ by the mobile phone’s request to set up a communication channel procedure runs in a clearly different way in the network of the patent than in the network of the LTE standard,” the verdict said. Earlier this year , Xiaomi already won a patent case against Sisvel, when it concerned a claim by Sisvel about patent infringement related to egprs and edge functionality of phones.

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