Issue #49: Art of War
Welcome to the 49th edition of OIA!
Hope you're enjoying watching the Olympics as much as we are.
Here are the latest 🌶 headlines in APAC:
Ling Yah
P/S: Know of any interesting seminars happening? Drop us a note at editor@overheard.asia!
Who Copied Whom?
MediaTek and Huawei are locked in a tit-for-tac tech battle in both China and the UK over one question - who copied whom?!
🍿 What Happened?
The root of this legal dispute appears to be a failed 3-year negotiation over component-level licensing agreements.
When negotiations failed, Chinese tech giant Huawei filed a lawsuit against Taiwanese chip developer MediaTek in a Chinese district court over allegations that MediaTek had infringed its cellular communication technology patents, including 3G, 4G and 5G.
Not to be outdone, MediaTek has now countersued in the UK, proving that in the world of tech disputes, it takes two to tango.
👀 Takeaway
While there are rumours that Huawei is filing this lawsuit mainly to collect royalty fees to invest in R&D as well as to flaunt its technological capabilities to the world, we'll only know more when these lawsuits make their way through court.
Keep your eyes peeled!
Crocs Settles!
Crocs and Australian retailer Mosaic Brands Ltd. have reached a settlement in their high-profile trademark infringement lawsuit.
🍿 What Happened?
In 2021, Crocs filed a lawsuit against Mosaic Brands in the Federal Court of Australia alleging that Mosaic was selling footwear "deceptively similar" to its Classic Clog, a design protected by trademark registrations in over 30 countries, including Australia. This legal action was part of Crocs' broader strategy to defend its intellectual property rights, following similar cases against other retailers and manufacturers globally.
👀 Takeaway
While the specific terms of the settlement remain confidential, Mosaic Brands has agreed to cease production and sales of certain molded shoe products and similar styles by the end of the year. An outcome that reinforces the strength of Crocs' trademark protections and serves as a cautionary tale for other retailers considering similar designs.
The line between inspiration and imitation is fine indeed!
The Rich Rule the World
US-based chipmaker Qualcomm, the biggest chip supplier to Android phones, has filed a lawsuit against Shenzhen-listed Transsion Holdings - the world's fourth largest smartphone maker - alleging patent infringement.
🍿 What Happened?
Transsion, known for its brands Tecno, Infinix, and iTel, has gained substantial market share in Africa and other emerging markets with its low-cost smartphone strategy.
Qualcomm claims that Transsion has violated four non-standard essential patents and has declined to accept a license for the majority of its mobile products.
The legal battle is not confined to a single jurisdiction. Qualcomm has filed lawsuits in India, Europe, and China. Additionally, other tech giants such as Philips and Nokia are also pressuring Transsion over patent-related issues.
👀 Takeaway
This dispute underscores the complex nature of intellectual property rights in the smartphone industry. Transsion argues that some patent holders demand high licensing fees based on global uniform rates without considering regional economic differences or the varying extent of patent ownership across different markets.
The outcome of this legal battle could have far-reaching implications for the smartphone market, especially in emerging economies. It may affect Transsion's low-cost business model and its recent push into more affluent consumer segments and markets with stronger patent enforcement regimes.
As the case unfolds, it will likely draw attention to the challenges of balancing innovation protection with market access in the global tech industry, particularly as companies from emerging markets expand their presence worldwide.
Spotlight: Lorraine Aboagye
What is your current role?
I am a barrister at Essex Court Chambers in London. My practice is mainly in commercial (both litigation and arbitration) and international law.
My practice is varied and broad which I enjoy. I am currently working on an oil and gas dispute, a marine insurance dispute, a sanctions dispute and an aviation dispute, all involving parties based in different parts of the world. On the international law side, I am working on cases before regional human rights courts in different jurisdictions.
What is your proudest achievement?
Helping my mentees get pupillage. The current market is highly competitive and unfortunately, there is a lack of representation of barristers from non-traditional backgrounds. I got here through the kindness of others who willingly gave up their time to guide me through the process and there is a real sense of fulfilment in being able to play a similar role in others’ journey.
If you had 25 hours in a day, what would you do with the extra hour?
Learning a new language! I speak four languages and always wish I spoke others. I have wanted to learn British Sign Language for a very long time so that would definitely be on the list.
If you weren't a lawyer, what would you be?
Most likely a linguist. I love finding out about the history and development of different languages. I am from Ghana, where over 80 languages are spoken. I speak two of them fluently and have always been fascinated by languages, their structure and the patterns between them.
Your favourite food haunt is...?
The Great Nepalese, a stone’s throw away from Euston Station in London. It is a cosy restaurant with amazing food and friendly service. The staff are great at recommending traditional Nepalese dishes and I try something new each time.
Food Feature
Not a meal place but definitely a great one when you're looking to get a snack / gift for friends in Singapore: Old Seng Choong.
Their chiffon cakes are huge, fluffy and oh so delicious. There are plenty of flavours including the classic panda, and more unusual flavours like jeju yuzu & coconut blue pea. So if you're flying out of Singapore and needing to buy a gift for a friend/family, get one in Changi itself or along Orchard Road!
Trust us, you won't regret it.
You might even finish that chiffon cake all by yourself!
Address: Google Maps, Website
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Want to get involved in helping to run Overheard? Meet senior practitioners? Do legal research with real world impact?
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Special thanks to Overheard in Asia's sponsor:
David Grief was described as "the Law's Middleman" (Business Times, 2021). You can reach out to him at dg@davidgrief.com if you need help identifying the right lawyer, arbitrator or expert for your matters, or even if you just want to grab a drink 🍵🍺 with someone who has managed and mentored lawyers for almost 5️⃣0️⃣ years!