Samsung asks US patent office to invalidate 2 of Ericsson’s patents

As counter to Ericsson’s suit in Korea and US

2021-01-29     Jong Jun Lee
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Samsung Electronics has asked the United States Patent and Trademark Office (USPTO) to invalidate two patents of Ericsson on January 22.

It seems the legal battle between the pair will continue to escalate going forward.

Ericsson has so far claimed in its lawsuit against Samsung filed to the Easter District Court of Texas and the International Trade Commission that the latter has violated 17 of its patents, TheElec has found.

The two patents owned by Ericsson that Samsung is aiming to invalidate aren’t included in the list of 17 patents.

A Samsung spokesperson said it will use all legal measures to defend against Ericsson’s infringement on its patents. The company has also filed a lawsuit to claim royalties against Ericsson at a court in Wuhan, China, the spokesperson said.

Ericsson filed its lawsuit at the court in Texas on January 15 for six patents. It claimed Samsung’s 5G access unit and virtualized RAN infringed on those patents.

Samsung first unveiled the 5G access units at MWC LA in October 2019. The unit combines the radio and digital units in compact sizes and supports 28GHz spectrum. Verizon is using Samsung’s access units for its 28GHz network.

Samsung and Ericsson signed a patent cross-licensing agreement back in 2014, which expired last year. The pair were in legal battle over royalties and are now embroiled on patent infringement claims against each other after the contract expired.

Under their agreement, Samsung had to pay Ericsson royalties. The lawsuits between each other are seen as a way for them to gain a favorable position in negotiations.