Case brief:

Nokia Corporation believed that Shanghai Huaqin Communication Technology Co Ltd manufactured, promised to sell and sold a mobile phone model – model M90 – that had the same technical characteristics with one of Nokia's standard essential patents. Nokia sued Huaqin for infringing its patent. 

The first-instance court held that the technical scheme of Huaqin's M90 mobile phone fell into the scope of the protection of Nokia's involved patent, which constituted infringement.

The Shanghai High People's Court held that the standard essential patent dispute case had the attribute of public interest. Based on considerations of judicial efficiency and judicial costs, in such cases the court can first judge whether the infringed technical scheme falls into the scope of protection of the patent claims involved.

Part of the Chinese standard involved in the case refers to the GPRS standard and the infringed mobile phone uses the Chinese standard involved in the case. Therefore, the technical characteristics of the involved patent can be compared with the corresponding technical characteristics of the mobile products.

By comparison, the accused's infringing mobile phone had the technical characteristics of the patent involved. The judgment was upheld according to the law. 

Significance:

This case is one of the first cases concerning communications standards essential patents accepted by the courts in China. The thinking of the ruling has a typical demonstration significance and important reference value for the trial of standard essential patents cases in China. The opinions and results of the ruling have attracted a lot of attention, because they involve the interests of China's communications industry.