Lenovo (United States) initiated a patent infringement litigation on November 15th with the United States International Trade Commission (ITC) against ASUSTeK Computer Inc. and ASUS Computer International. The complaint alleges that ASUS has infringed on Lenovo's patents encompassing software, hardware, and connectivity technologies in various ASUS products. This legal move is a counteraction to the claims filed by ASUS in August 2023 at the Regional Court of Munich over cellular technologies, after which Lenovo proposed a cross-licensing arrangement.
Lenovo advocates for the utilization of cross-licensing pacts and conducts negotiations with transparency, aiming for licensing on fair, reasonable, and non-discriminatory (FRAND) terms within the sector. This stance is underscored by Lenovo’s litigation against InterDigital, in which Lenovo’s willingness to license on FRAND terms was affirmed by the UK Court. The current litigation against ASUS underscores Lenovo's intent to safeguard its technological advancements and intellectual property rights accumulated over 39 years, comprising over 28,000 patents and an additional 14,000 pending applications.
John Mulgrew, Lenovo's Deputy General Counsel and Chief Intellectual Property Officer, stated that Lenovo is asserting its patent rights to foster balance in licensing and to address the trend of certain licensors circumventing FRAND negotiations in favor of coercive tactics to demand royalties that exceed FRAND commitments. He emphasizes Lenovo's preference for respectful and fair negotiations, and the pursuit of third-party assistance with FRAND terms when necessary. While litigation is a last resort, Mulgrew affirms the necessity to defend Lenovo's intellectual property to maintain transparency in licensing and support ongoing innovation.
Lenovo's commitment to research and development is reflected in its annual investment of US$2.2 billion, along with a recent commitment of an additional US$1 billion towards AI innovation. The company's innovation efforts have been recognized, evidenced by its placement on the Boston Consulting Group's 'World's Most Innovative Companies' list and its recent accolades from Time for its innovative products.
In this legal matter, Lenovo is represented by the international law firm DLA Piper.
