This huge American router brand could be banned in most of Europe due to patent disputes
- Huawei has won a number of court rulings in its legal battles with Netgear
- The patents involved are crucial to WiFi 6 technology used in Netgear’s wireless routers
- Netgear produces the popular Nighthawk and Orbi family of products
Huawei has won a series of legal victories against Netgear in its ongoing patent disputes over WiFi 6 technology, with the latest development potentially having far-reaching implications for Netgear’s operations across Europe.
This is reported by an intellectual property activist Florian Müllerthe Unified Patent Court (UPC) recently granted Huawei a multi-country injunction against Netgear, following a ruling in the Munich local division.
This decision, based on a WiFi 6 standard essential patent (SEP), applies to seven countries, including Germany, France and Italy. Mueller says it is one of the most commercially impactful rulings in UPC history regarding SEPs.
Netgear faces a difficult choice
Netgear, a major American router brand best known for its Nighthawk and Orbi products, has defended itself against Huawei’s claims but is facing mounting challenges. A new ruling from the Munich I regional court, expected on January 9, 2025, could complicate matters even further. In this case, Huawei claims another WiFi 6 SEP, which will likely be deemed valid and infringed based on legal proceedings.
Netgear’s defenses are based on arguments related to FRAND (Fair, Reasonable, and Non-Discriminatory) licensing obligations and patent exhaustion. However, Mueller says the court has historically been skeptical of such defenses unless it is supported by strong evidence. Patent exhaustion, which Netgear hoped would protect devices using Qualcomm chips, has limited applicability. According to the UPC ruling, the exhaustion defense only applies if Qualcomm chips were first sold within the European Union, which created logistical and production hurdles for Netgear.
The implications extend beyond Netgear, as the decision strengthens the UPC’s position on SEPs and FRAND obligations. The court has emphasized that implementers must participate constructively in licensing negotiations and, in some cases, accept offers of pool licenses. Netgear’s rejection of a pool license, combined with its litigation strategies, has not improved its position.
With enforcement of the order looming, Mueller says Netgear faces a difficult choice: negotiate a license or risk further legal and operational setbacks. This case not only highlights the complexity of SEP enforcement in Europe, but also sets a precedent for similar disputes in the future.