DELHI TECHNOLOGICAL

UNIVERSITY

IPR AND CYBER LAW

PATENT CASE STUDY
Submitted to: Dr. N.S Raghava
Submitted by:
Rishabh Chandra 2K17/CO/264
Aditya Sharma 2K17/CO/29
Mahima Hans 2K17/CO/172
Patent
A patent is a form of intellectual property that gives its owner the legal right to exclude others from
making, using, selling and importing an invention for a limited period of years, in exchange for
publishing an enabling public disclosure of the invention

Benefits of Patent
1) ​Prevents theft of the invention​: Inventors and start ups may initially seek a licensing 
deal or an investor for an infusion of cash. In order to attract licensees and investors, 
the invention must first be disclosed so that the potential licensee or investor can 
evaluate the deal.   

2)​ Higher Profit Margins​: A U.S. Patent permits its owner to e

​ xclude (i.e., stop)​ others 
from making, using, selling, offering for sale and importing the invention into the United 
States as claimed in the patent.  

3) ​Reduce Competition​: Patents may also serve as a ​barrier to entry​ for competitors 
who are contemplating entering the market for the patented widget or service. 
Competitors may consider the risks of patent infringement greater than the rewards of 
potential profits. 

4) ​Encourage Settlement​: During litigation, both parties will assert various claims 
against each other including patent infringement. In certain instances, two patent 
owners may agree to cross license the respective patented technologies to each other 
instead of litigating​ the issues. 

5) ​Expand Market Share​: Patented technology may be licensed to others in a ​different 

geographical market​ or in a ​different market.  

 
 

VARIOUS ASPECTS OF PATENTING PROCESS 

STEP 1 

Determine the type of Intellectual Property protection that you need

To protect your invention, you may need a patent, trademark, copyright, marketing plan, trade
secrets, or some combination of these. Before you begin preparing a patent application, find out if
you really need a patent or some other form of Intellectual Property protection.
STEP 2 

Determine if your invention is patentable

To determine if you can patent your invention, you will need to know the answers to a few simple
questions. Process -

● Who can apply for a patent?

● What can and cannot be patented?
● How do I know if my invention is patentable?
● How long does patent protection last?
● How much does it cost to get a patent?
1. Search to see if your invention has already been publicly disclosed. ​You cannot get a
patent if your invention has already been publicly disclosed. Therefore, a search of all
previous public disclosures should be conducted. A search of foreign patents and printed
publications should also be conducted.
1. If you are not experienced at performing patent searches, a registered attorney or
agent is recommended.
2. It is possible, though difficult, for you to conduct your own search:
3. Granted Patents and Patent Applications may be searched using the ​Patent Full Text
Databases

Step 3 

What kind of patent do you need?

There are three types of patents - Utility, Design, and Plant.

● Utility Patent

Utility patents may be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or compositions of matters, or any new useful
improvement thereof. By far, most patent applications filed at the USPTO are utility
applications.
 ● Design Patent

Design patents may be granted to anyone who invents a new, original, and ornamental
design for an article of manufacture.

● Plant Patent

Plant patents may be granted to anyone who invents or discovers and asexually reproduces
any distinct and new variety of plant.

Step 4 

Get ready to apply

● Once you have determined the type of Patent that you need, you can consider your
application strategy and whether to use professional legal services.
● A patent application is subject to the payment of a basic fee and additional fees that include
a search fee, an examination fee, and issue fee. Depending on your application, there may
also be excess claims fees. Fees vary depending on the type of patent application that you
submit .

Should you hire a Patent Attorney or Agent?

● The preparation of an application for patent and the conducting of the proceedings in
the Indian Patent Office to obtain the patent is an undertaking requiring the
knowledge of patent law and rules and Office practice and procedures, as well as
knowledge of the scientific or technical matters involved in the particular invention.
● Inventors may prepare their own applications and file them in the IPO and conduct
the proceedings themselves, but unless they are familiar with these matters or study
them in detail, they may get into considerable difficulty. While a patent may be
obtained in many cases by persons not skilled in this work, there would be no
assurance that the patent obtained would adequately protect the particular invention.
Step 5

Prepare and submit your initial application

● Submit your initial application with all the required parts​ needed for obtaining a filing
date and include the correct fee.
● Before you sign your application, make sure that you read the written specification and
claims. You will not be able to add anything new to your application once it has been filed.

Step 6

Maintain your patent

Pay Maintenance Fees and Check the Status

Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the
issue date for utility and reissue utility patents. If the maintenance fee and any applicable surcharge
are not paid in a timely manner, the patent will expire.

PATENT FILING IN INDIA

PATENT CASE STUDY
RAN SERVER, WIRELESS COMMUNICATION SYSTEM, TERMINAL ATTACHMENT METHOD -
HUAWEI

ABSTRACT

A RAN server, a wireless communications system, and a terminal attach method are provided. The RAN server
configured to centrally manage base stations of a plurality of wireless communications standards is introduced, and
the RAN server is used as a central node to implement a unified interface to a core network. A base station that is of
any wireless communications standard and that is managed by the RAN server may independently provide a data
transmission service to a terminal, so that the wireless communications system provided in this application basically
does not cause an additional latency. In addition, a TAI unrelated to a wireless communications standard of a base
station is carried in an attach request message, an attach accept message, and an attach complete message that are
exchanged in a terminal attach process, so that a ​5G​ CN is unaware that the terminal is using a base station of which
type of wireless communications standard to initiate the attach process. Therefore, an attach procedure with same
signaling can be used regardless of a wireless communications standard of a base station that is used by the terminal
to access the ​5G​ CN, thereby achieving signaling unification.
CLAIMS

1. A radio access network RAN server, wherein the RAN server is connected to a fifth generation mobile
communications technology ​5G​ core network by using an interface, the RAN server is configured to manage base
stations of a plurality of wireless communications standards.
2. The RAN server according to claim 1, wherein
the receiver is further configured to receive a Radio Resource Control RRC connection reconfiguration complete
message that is from the terminal and forwarded by a third base station,.
3. The RAN server according to claim 2, wherein the attach request message, the attach accept message, and the
attach complete message comprise a tracking area identity TAI of the terminal; and
the TAI is a preset value unrelated to a wireless communications standard of a base station, or the TAI is an identifier
of the RAN server.
4. The RAN server according to any one of claims 1 to 3, wherein the RAN server is connected to an evolved packet
core EPC network by using an S1 interface, and the attach request message carries a capability of the terminal
5. The RAN server according to any one of claims 2 to 4, wherein the RAN server further comprises a processor;
the receiver is further configured to receive a service request that is from the terminal and forwarded by a fifth base
station, wherein the fifth base station is any one of the base stations of the plurality of wireless communications
standards
6. The RAN server according to any one of claims 1 to 5, wherein the RAN server is configured to merely implement
functions of an access adaptation layer, an RRC layer, an Internet Protocol IP layer, and a Packet Data Convergence
Protocol PDCP layer
7. The RAN server according to any one of claims 1 to 6, wherein the interface is a newly-defined interface, or the
interface is an S1 interface.
8. A wireless communications system, comprising at least one radio access network RAN server according to any
one of claims 1 to 7, and further comprising a fifth generation mobile communications technology ​5G​ core network
and base stations of a plurality of wireless communications standards
9. The wireless communications system according to claim 8, wherein the RAN server is further configured to:
manage a tracking area list, deliver the tracking area list, and generate security contexts of the base stations of the
plurality of wireless communications standards.
10. The wireless communications system according to claim 8 or 9, wherein the base stations of the plurality of
wireless communications standards comprise a Long Term Evolution LTE base station, an NR base station, and a
Wireless Fidelity Wi-Fi base station.
 11. The wireless communications system according to claim 10, wherein when the RAN server is configured to
merely implement functions of an access adaptation layer, a Radio Resource Control RRC layer, an Internet Protocol
IP layer, and a Packet Data Convergence Protocol PDCP layer,

12. The wireless communications system according to claim 10, wherein when the RAN server is configured to
merely implement functions of an access adaptation layer, an RRC layer, and an IP layer.

SUMMARY

1. This application provides a RAN server, a wireless communications system, and a terminal
attach method, to resolve a problem that when an NR technology is coupled to an existing
wireless communications standard technology, an additional latency is caused or signaling
complexity is increased.
2. A first aspect of this application provides a RAN server. The RAN server is connected to a
5G​ core network by using an interface, and the RAN server is configured to manage base
stations of a plurality of wireless communications standards. The RAN server includes a
receiver and a transmitter.
3. In a terminal attach process, the receiver receives an attach request message that is from a
terminal and forwarded by a first base station, where the first base station is any one of the
base stations of the plurality of wireless communications standards; the transmitter sends the
attach request message to the ​5G​ core network by using the interface; the receiver receives,
by using the interface, an attach accept message returned by the ​5G​ core network in
response to the attach request message; and the transmitter sends the attach accept
message to the terminal by using a second base station, where the second base station is
any one of the base stations of the plurality of wireless communications standards. The first
base station and the second base station may be a same base station or may be different
base stations.
4. In this application, the ​5G​ core network is specially introduced into the NR technology, the
RAN server that is configured to centrally manage the base stations of the plurality of
wireless communications standards is introduced, and a unified interface from the RAN
server to the ​5G​ core network is implemented.
INFRINGEMENT CASE STUDY

Samsung vs Huawei

In 2011, Huawei and Samsung began negotiating cross-licenses for their patent portfolios, which
includes SEPs. Because both parties are SEP holders, they had mutual obligations to offer each
other FRAND licenses. However, they failed to reach an agreement after years of negotiating.

Having reached a deadlock, Huawei filed lawsuits against Samsung in the US on 24 May 2016 and
China on 25 May 2016. In retaliation, Samsung filed lawsuits against Huawei in the US and China,
along with various counterclaims and requests for patent invalidations. As of 13 April 2018, the
parties were involved in 42 patent infringement actions in China.

Background

The Shenzhen Intermediate Court recently decided an infringement case filed by Huawei against
Samsung related to a standard essential patent (SEP) No. 201110269715.3 (method and apparatus
for sending control sinaling).

The court held that Samsung maliciously delayed negotiations and was “at fault” during the
negotiation. The court further found that Huawei’s patent is a 4G LTE SEP, and Samsung infringed
Huawei’s SEP. As a result, the court granted an injunction and ordered Samsung to cease its
infringing activities.

Huawei and Samsung have negotiated for over six years to cross-license each other’s patent
portfolios including 3G and 4G LTE SEPs.

Deadlocked in negotiation, Huawei initiated in 2016, followed by Samsung, a series of lawsuits and
counter-lawsuits against each other in China and the United States.
Case (2016) Yue 03 Min Chu No. 1382, Shenzhen
Intermediate People’s Court
On 4 January 2018, the Shenzhen Intermediate People’s Court issued a judgment which was not
made available to the public due to confidentiality to the parties. On 21 March 2018, the Court
released a non-confidential version of its judgment to the public. The judgement was broadcast live.

Injunction
The court held that because in their view Samsung had maliciously delayed negotiations it had more
fault in the negotiations. The court also found that Huawei’s owned a patent is a 4G LTE SEP and
that Samsung had infringed Huawei’s SEP. Because of this court granted an injunction against
Samsung and ordered Samsung to cease infringement.

Case 16-cv-02787-WHO, U.S. District Court for the Northern

District of California

Antisuit Injunction
Judge Orrick applied the following legal standards in his determination of whether an antisuit
injunction should be granted:

“A federal district court with jurisdiction over the parties has the power to enjoin them from
proceeding with an action in the courts of a foreign country, although the power should be ‘used
sparingly.’” ​Seattle Totems Hockey Club, Inc. v. Nat'l Hockey League​, 652 F.2d 852, 855 (9th Cir.
1981). “Such injunctions allow the court to restrain a party subject to its jurisdiction from proceeding
in a foreign court in circumstances that are unjust.” E. & J. Gallo Winery v. Andina Licores S.A., 446
F.3d 984, 989 (9th Cir. 2006)(“Gallo”). The Ninth Circuit employs “a three-part inquiry for assessing
the propriety of such an injunction.” ​Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 881 (9th Cir.
2012)​(“Microsoft II”); see also ​Gallo, 446 F.3d at 990​ (establishing framework for determining
whether to issue anti-suit injunction). First, we determine whether or not the parties and the issues
are the same in both the domestic and foreign actions, and whether or not the first action is
dispositive of the action to be enjoined. Second, we determine whether at least one of the so-called
Unterweser​ factors applies. Finally, we assess whether the injunction’s impact on comity is tolerable.
Microsoft II, 696 F.3d at 881 (citations and internal quotation marks omitted); see id. at 882 7 1 2 3 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court
Northern District of California (referring to three-part inquiry as the “Gallo framework”).​[5]

After a review of the facts and circumstances in light of the law, Judge Orrick decided:

“In accordance with the foregoing, Samsung’s motion to enjoin Huawei from enforcing the injunction
orders issued by the Shenzhen court is GRANTED. Huawei should not seek to enforce those orders
until I have the ability to determine the breach of contract claim it chose to present in this action prior
to filing the Chinese actions”​[6]

Scott Graham use the headline “Judge Blocks Huawei's Chinese Injunctions Against Samsung”. [7] ​
Strictly speaking that headline is inaccurate as the US antisuit injunction only prevents Huawei from
enforcing the Chinese judgment. It does not affect the judgment of the Chinese court in any way.

Samsung’s answer to complaint

COURT VERDICT

A Chinese court ruled Thursday that Samsung Electronics Co. Ltd. should stop infringing upon intellectual
property rights held by Huawei Technologies Co. Ltd being the OEM.
Shenzhen Intermediate People's Court said Samsung should cease acts that infringe upon two 4G
standard essential patents over telecommunication technology and equipment held by Huawei.
Huawei filed the lawsuits at the court in May 2016. The company said it was entitled to seek damages
from companies that use its patents without proper licensing.
The court said Huawei owned the two 4G patents and Samsung violated Huawei's patent rights.
The court also found that Samsung maliciously delayed negotiations and was obviously at fault.
The court said the case was one of the most complicated IPR cases in the world. The court trial lasted 18
days.

CONCLUSION

A general view in this regard is that when the same patents are potentially in question under other cases
as well, granting an injunction against a new defendant can be averted. However, the final verdict in the
case will be crucial and can have a far reaching impact on the scope and future development of SEP’s in
India.