22 December 2023
Amazon may no longer sell its own wifi routers in Germany, as they infringe a Wifi 6 patent from Huawei. This was decided by Munich Regional Court last week following the oral hearing. The ruling does not affect the sale of third-party wifi routers via the Amazon platform.
Two European subsidiaries of Amazon and Eero – a manufacturer of wifi routers also owned by Amazon – have infringed European patent EP 3334112 and may now no longer sell Wifi-6-capable products in Germany. The Regional Court Munich handed down this ruling on December 15, on the same day as the hearing.
Huawei had sued for injunctive relief, information and accounting, destruction, recall and damages (case ID: 7 O 10988/22).
However, the ruling only affects wifi routers that Amazon and Eero manufacture themselves, such as the Amazon Fire TV Stick 4k. Other manufacturers may continue to sell their products via the Amazon platform.
Potential damages
Huawei can enforce the judgment against a security deposit totaling €4.5 million. Amazon may appeal against the judgment, and this is considered likely. However, the court has not justified its surprisingly quick decision in writing yet. According to JUVE Patent information Amazon has not yet filed an appeal.
If the ruling stands, Amazon would have to compensate Huawei for the damages it has suffered since 19 March 2020. According to JUVE Patent information, Amazon has not thus far filed a nullity action against EP 112, but has concentrated on the FRAND defence.
Four claims against Amazon
The judgment is part of a larger dispute over Wifi 6 patents. Huawei has also sued Amazon over another Wifi 6 patent in Munich (case ID: 7 O 10987/22). The court will hear this case in March 2024. In Düsseldorf and Munich, Huawei sued Amazon over a Wifi 5 patent, but the courts have not yet set a date for the oral hearing.
Huawei is also taking action against Fritzbox manufacturer AVM with two infringement suits at the Regional Court Munich. In November, according to press reports the court ordered AVM to cease and desist. The court was of the opinion that Wifi-6-capable AVM products infringed Huawei’s EP 3 337 077. AVM has since appealed against the ruling.
In addition, Huawei sued other companies such as Netgear and automotive group Stellantis. The Chinese company sued the former at Düsseldorf Regional Court. Huawei sued Stellantis back in 2022 over mobile phone patents that play a role in car connectivity. The Netherlands-based company manufactures about six million cars a year under the Fiat, Opel, Peugeot and Citroën brands.
Huawei turns to UPC
While Huawei only sued Amazon and AVM in German patent courts, the Chinese company escalated its dispute with Netgear to the Unified Patent Court in July. Previously, Huawei had not had much success at Düsseldorf Regional Court. The court had dismissed one of Huawei’s lawsuits and suspended the second.
Huawei’s lawsuit at the Munich local division was one of the first SEP proceedings at the new court (case ID: ACT_459771/2023). According to the website www.upc.beetz.nl Netgear recently has filed a counter claim of revocation with the UPC.
Where are the "but but ze seeseepee only steals our technology!111!!" responses now lol.
Even I don't think they'll be stupid enough to do that this time lol.
Then again for those who missed the reference, this is what they're talking about. China calls for Houthis to respect rights of navigation in Red Sea..
It is not just de-escalating, who cares about that. My issue is they constantly pander to bullshit "international law" shit. The same international "law" China "violates" when they take a dump on US vassal Philippine ships on the SCS. IMO its incredibly dumb and almost straight up evil to use "international law for you but not for me" shit when you clearly don't care about "international law" if its about Chinese national interests. How Chinese foreign policy advisors don't understand this is insane.
And again, I'm not saying that is bad, on the contrary, fuck neoliberal international law nonsense, but China can't be hypocrite about it.
I think part of the reason they do this is because it is also their strategy towards Taiwan, to reinforce the previous US agreement on One China etc... therefore they don't want to be seen as disregarding international law but... sigh this is so tiresome. Its like a doormat that needs a heavy beating or something.