Bonum Certa Men Certa

Forget About Apple; Two of the Leading Phone Makers (Samsung and Huawei) Are Bickering Over Patents

The aggressor is Huawei

Huawei and China



Summary: Massive Android OEMs, Huawei and Samsung, are in a big patent dispute and this time, for a change, China is a legal battleground

THE war Apple started against Android in 2010 was a patent war. The first target was HTC from Taiwan. Later on Apple targeted the biggest (at the time) Android OEM, namely Samsung.



Huawei has since then challenged Samsung to the crown, after Samsung became a bigger OEM than Apple. As is widely known by now, Apple started flinging all sorts of ridiculous design patent lawsuits at Samsung. Some of these patents looked almost comical and last week we explained why design patents, as a whole, are a lame shame (trademark and copyright laws already cover designs). More people need to talk about this. Several days ago Patently-O plotted duration of such patents (believe it or not, it's fifteen years). "If I were preparing to file a design patent around early May 2015," it said, "I might have held-off a bit on the filing to pass the May 13, 2015 threshold. Design patents stemming from applications filed on or after that date have a 15-year patent term (calculated from patent issuance) as opposed to a 14-year term for those filed prior to the threshold date."

"...the patent courts in china have become kangaroo courts like the Eastern District of Texas."So the USPTO further extended the life of patents which probably ought not exist in the first place.

Sadly, patents like these continue to be used in countries where the threshold for patenting is low. Huawei, for example, first sued Samsung in both China and the US, knowing that China's State Intellectual Property Office (SIPO) is notorious worldwide for probably the lowest patent quality. Moreover, as we have shown recently, the patent courts in china had become kangaroo courts like in the Eastern District of Texas. Here is the latest on this from English-speaking Chinese media:

The patent war between Chinese smartphone maker Huawei Technologies Co and its South Korean rival Samsung Electronics Co has been in the headlines again recently, after China's State Intellectual Property Office (SIPO) announced its latest rulings on eight cases.

The SIPO's Patent Reexamination Board announced on September 30 that five patents involved in Samsung's lawsuits against Huawei are invalid, one is partly invalid and only two remain valid. At this point, 10 of the 16 patent infringement lawsuits Samsung filed against Huawei in China have been determined invalid, accounting for 62.5 percent of the total.

The patent battle started in May 2016 when Huawei first sued Samsung in both China and the US for alleged infringement of its smartphone patents, involving several of its cellular communications technology and software inventions used in Samsung smartphones. In July 2016, Samsung countersued Huawei over six alleged infringement patents.


It's worth noting that SIPO found most of the patents it had granted to be invalid. Yet another reminder of the low patent quality there.

IAM (lobbying group that calls itself publisher) keeps egging on or encouraging a patent trolls epidemic in China. See what it wrote some days ago. We are worried that China's race towards patent maximalism will spread to other countries. Patent radicals in the US already cite "China!" all the time, in an effort to lobby their officials for broader patent scope.

Recent Techrights' Posts

Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
 
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day
IBM's Kyndryl Holdings Inc Sank 70-75% in 'Value' in 10 Months, Will IBM Follow?
Kyndryl Holdings Inc now has a debt considerably higher than this company is said to be 'worth'!
Belated Sovereignty: GNU/Linux in Iran Skyrockets to 6% Amid Armed Conflict
unless they're truly in control of their networks, hardware and software, somebody else can control them
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026