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- Huawei has won a number of court decisions in its legal disputes with Netgear
- The patents involved are crucial to the WiFi 6 technology used in Netgear’s wireless routers
- Netgear manufactures the popular Nighthawk and Orbi family of products
Huawei won a series of legal victories against it Netgear in its ongoing patent disputes over WiFi 6 technology, with the latest development potentially having far-reaching implications for Netgear’s operations across Europe.
As reported by the intellectual property activist Florian MuellerThe Unified Patent Court (UPC) recently granted Huawei a multi-country injunction against Netgear, following a decision in its Munich Local Division.
This decision, centered on a WiFi 6 essential standard patent (SEP), applies to seven countries, including Germany, France and Italy. Mueller says it marks one of the most commercially impactful decisions in UPC history regarding SEPs.
Netgear makes a tough choice
Netgear, a large US router brand best known for its Nighthawk and Orbi products, defends itself against Huawei’s claims, but faces mounting challenges. A new ruling by the Regional Court of Munich I, expected on January 9, 2025, could further complicate matters. In this case, Huawei asserts another WiFi 6 SEP, which seems likely to be considered valid and violated, based on court proceedings.
Netgear’s defenses are based on arguments related to FRAND (Fair, Reasonable, and Non-Discriminatory) license obligations and patent exhaustion. However, Mueller says the court is historically skeptical of such defenses unless supported by strong evidence. The patent exhaustion, which Netgear hoped would protect devices using Qualcomm chips, has limited applicability. According to the UPC ruling, the exhaustion defense only applies if Qualcomm chips were first sold in the European Union, creating logistical and manufacturing hurdles for Netgear.
The ramifications extend beyond Netgear, as the decision strengthens the UPC’s position on SEP and FRAND obligations. The court emphasized that implementers must engage constructively in license negotiations and, in some cases, accept pool license offers. Netgear’s refusal of a pool license, combined with its litigation strategies, did not help its position.
With the application of the injunction imminent, Mueller says that Netgear faces a tough choice: negotiate a license or risk further legal and operational setbacks. This case not only highlights the complexity of SEP enforcement in Europe, but also sets a precedent for similar disputes in the future.
