Patent Disputes and Article 24 of Judicial Interpretation II
On behalf of Qualcomm Incorporated, King & Wood Mallesons recently asserted several standard essential patents (SEPs) against Meizu, a Zhuhai-based handset manufacturer. Meizu concluded a license agreement with Qualcomm on fair, reasonable, and non-discriminatory terms, in settlement of the royalty dispute after it was threatened with an injunction. Article 24 of the Supreme People’s Court Interpretation of Issues of Application of Laws in the Handling of Patent Infringement Disputes (II) was the legal basis on which Qualcomm accused Meizu of patent infringement. Since judicial interpretations merely guide the application of laws and regulations the courts will not make decisions that conflict with legislation. Hence paragraph 4, which provides that where laws or regulations otherwise stipulate the role of any patent in a standard, such laws or regulations shall prevail. This essay is a preliminary consideration of that article.