Huawei claims T-Mobile has failed to engage in FRAND licensing terms tied to 4G technology patents said to be core to network operations
T-Mobile US’ rollout of LTE services has hit a legal challenge as infrastructure vendor Huawei filed a lawsuit alleging the wireless carrier is using technology protected by 14 patents.
The lawsuit, which according to the Pugent Sound Business Journal was filed this week in the U.S. District Court in Eastern Texas, claims T-Mobile US has refused to enter into “fair, reasonable and non-discriminatory” license terms with Huawei regarding the patents.
The patents are said to entail “Huawei’s 4G Wireless Network Essential Patents” and include those connected to IP multimedia subsystem and evolved packet core technology. The vendor notes the technology is core to T-Mobile US’ network operations.
Huawei claims it initially contacted T-Mobile US in mid-2014 regarding a licensing agreement, which the carrier refused to sign. The vendor said it again contacted the carrier earlier this year with a similar request, but this time agreeing to terms of a non-disclosure agreement, which in April evolved into a FRAND offer from Huawei covering its LTE patents tied to specific royalty rates.
T-Mobile US is said to have responded with requests to change the NDA, before refusing to enter a FRAND licensing agreement.
Huawei is seeking a jury trial, with an outcome that would facilitate a licensing agreement with the carrier and is not requesting any financial compensation directly from the case.
Huawei earlier this year filed a lawsuit against Samsung in the U.S. District Court for the Northern District of California, and the Shenzhen Intermediate People’s Court claiming Samsung is currently using its patented technology in phones without a license.
The Chinese vendor has had a bit of a rough ride stateside in recent months, including a recent subpoena filed by the U.S. Commerce Department looking into claims Huawei may have sold sensitive American technology to Cuba, Iran, North Korea, Sudan or Syria. The U.S. government currently suggests some domestic telecom operators refrain from using equipment from Chinese vendors due to security concerns.
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