Back in March, we reported that Huawei has sued Xiaomi for infringing four of its technology patent and now Xiaomi wants the related authorities to invalidate one patent for a camera feature.
According to the Chinese State Intellectual Property Office, Xiaomi has recently filed an invalidation request for a Huawei patent with application number ZL201380073251.6. This patent is titled “A feature and device for taking panoramic images”. The feature helps smartphone users to take panoramic photographs.
To be mentioned, patent ZL201380073251.6 is a part of the four patents that Huawei accused Xiaomi of infringement.
Heart of the matter:
On January 17, 2023, Huawei successfully filed a lawsuit for patent infringement against Chinese phone maker Xiaomi. It mentions that Xiaomi has violated the intellectual property guidelines of four patents without paying royalties or taking permission for fair use.
- ZL201110269715.3 – “Feature and device for sending control signaling”
- ZL201010137731.2 – “Feature for Feedback of ACK/NACK Information During Carrier Aggregation, Base Station and User Equipment”
- ZL201380073251.6 -“Feature and device for obtaining panoramic images”
- ZL201810188201.7 – “Feature for locking the screen and smartphones”.
Statement from Xiaomi:
After the news broke out on the internet, Xiaomi said that both of the companies are negotiating on this matter. These negotiations are based on various mechanisms developed by the Chinese intellectual property office.
Xiaomi then said that Huawei and Xiaomi both believe that IP licensing and cooperation are conducive to promoting innovation and public interest. Therefore, mediation in dialogues can help achieve good results.
Why Xiaomi filed for invalidation?
Under the law, Xiaomi has three routes to face this patent lawsuit. These include:
- Prove that it has not infringed any patent of the other party.
- Pay royalties and purchase rights for fair usage.
- Apply for patent invalidation.
Xiaomi chose the third option and applied to invalidate the Huawei ZL201380073251.6 patent for the camera feature. If Xiaomi proves to invalidate the patent, it will no longer be subjected to infringement.
Currently, Xiaomi has only filed this invalidation request for only one patent, and it will still have to face Huawei on the other three even if it invalidates one.
These types of patent disputes are usual to see and the latest dispute is no exception. As for now, there are no comments from Xiaomi or Huawei about the latest development. But we’ll keep you updated with the entire story.