I doubt patent law means much in China. Huawei is really trying to maintain their current market position.. What we don't know is whether the IP is covered under the specific business unit being acquired.
Yes, I was just thinking the same thing. This is the first story I have heard of recently where a Chinese company is asking for protection of intellectual property rights. Also, since they gave permission to sell Huawei technology under the Motorola name, I wonder what part of the transfer is illegal. I wonder if the NDA's protect Huawei if any were put in place. Also, I wonder what would happen if something like this happened in reversed roles: An American company filing for IP protection in China. I want to hear more stories like this to better understand the international practices of protecting IP.
Huawei's lawyers don't know how an acquisition works. If NSN acquires Motorola's business unit, they're no longer a "third party" but assume the role Motorola held as the "other party" in the original agreement. NSN would have to abide by NDA rules in the deal struck between Huawei and Moto, and a simple addendum to limit information sharing within "competetive business divisions within NSN as a result of the acquisition" as per the Moto agreement is all that would be required, and certainly doesn't require a lawsuit.
That being said, what is Huawei so afraid NSN will find in the Moto/Huawei reseller deal that would warrant a "nuke" response with a lawsuit? Hmmmm, maybe NSN's stolen IP????? (cough!) "Allegedly"
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