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German Federal Patent Court upholds Sisvel patent

November 2, 2018

In an ongoing dispute between Sisvel and Wiko, on 17 October 2018 the German Federal Patent Court (“Bundespatentgericht”) upheld the validity of Sisvel’s patent EP1119997, with its claim 15 only amended in line with Sisvel’s requested auxiliary request. The patent, and in particular the upheld claim, is the subject of one of the pending proceedings that members of the Sisvel Mobile Communication Program (MCP) started against Wiko in Germany, to address the patent infringement by its smartphones. The patent in question is claimed to be infringed by any device that makes use of the 3G and 4G LTE communication standards. In view of the high invalidation rates of this Court, this first instance judgment is regarded a considerable success of Sisvel.

“The court confirms one of our claims, which is welcome in a very contentious business. We just hope that this ruling brings us a bit closer to consensual licensing.” says David Muus, manager of the program. He continues: “At some point serial infringers should face reality: the technologies they gracefully put in their products are not free, they are the result of investment of people’s money, time and creativity. The inventors deserve their fair share of the success of the technology. Until that happens we see no other alternative than to pursue the rights granted by society to protect innovation.”

The Sisvel MCP is a patent pool that licenses 3G and 4G LTE standard essential patents, which are owned by a variety of companies, including Airbus DS, KPN, Mitsubishi Electric, Orange, Sisvel and 3G Licensing.

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