By Prof Enrico Bonadio and Magali Contardi
In another standard essential patents (SEPs) case from the Unified Patent Court (UPC), on 18 December 2024 the Munich Local Division (LD) issued an injunction in favour of Huawei (UPC_CFI_9/2023, available in German here). The order prohibited Netgear from selling Wi-Fi 6 routers in Belgium, Germany, Italy, Finland, France, and Sweden. Netgear is also required to withdraw the infringing products from the market and hand them over to a court-appointed bailiff for destruction. The ruling was enforceable upon the provision by Huawei (the SEP owner) of partial security, the full amount of which remains confidential (order of the court Lett. M, p.161). Nevertheless, faced with a seven-country injunction, Netgear settled in early January, agreeing to take a license to the WI-Fi 6 standard patents.
The Munich LD decision stems from an infringement claim filed by Huawei before the Munich LD in July 2023. The dispute centered on Huawei’s EP3611989, which relates to the Wi-Fi 6 standard and covers both methods and devices for transmitting and/or receiving information within a wireless local network. The case had been previously reported in this blog here.
In addition to addressing Huawei’s infringement claim, the Munich LD ruled on, and rejected, Netgear’s counterclaim for revocation (§C, ACT_588071/2023-UPC_CFI_9/2023). A parallel dispute between these parties is still pending at the US District Court of California, but it will likely be withdrawn in light of the settlement. Earlier in December 2024, the Munich LD had issued an anti-anti-suit injunction, prohibiting Netgear from pursuing an anti-suit or anti-enforcement application at the US District Court of California (the UPC decision CNF_791/2024 is available in the German language here).
