Mikele Bicolli
Nov 22, 2023

Lenovo Files Patent Infringement Complaint Against ASUS with US International Trade Commission

ITC Litigation

On November 15th, Lenovo (United States) Inc., a technology corporation, lodged a patent infringement complaint with the United States International Trade Commission (ITC) against ASUSTeK Computer Inc. and ASUS Computer International (ASUS). The complaint alleges that ASUS infringed on multiple patents owned by Lenovo, spanning software, hardware, and connectivity aspects across various ASUS products.

The legal action follows ASUS's August 2023 filings in the Regional Court of Munich concerning cellular technologies. Lenovo had proposed a cross-licensing agreement as a resolution, which ASUS did not pursue, prompting Lenovo to take legal steps.

Lenovo is known for advocating cross-licensing agreements and fair negotiations within the industry. The company has been involved in ongoing litigation with InterDigital, where it was recognized by the UK Court as a willing licensee, emphasizing its commitment to transparent and unbiased licensing negotiations.

John Mulgrew, Lenovo's Deputy General Counsel and Chief Intellectual Property Officer, stated, "We feel the time has come for us to assert our patent portfolio more actively – given its strength and our position and experience as both licensee and licensor – to achieve greater balance in licensing. Increasingly, we’re seeing some licensors bypass FRAND discussions and rely instead on threats to extract inflated, supra-FRAND royalties from licensees. We think the better approach entails mutual respect, openness, and fairness, and outside assistance with FRAND if negotiations are at an impasse. While litigation is always Lenovo’s last resort, we do believe we need to protect our intellectual property while continuing to encourage transparency in licensing to enable ongoing investment in innovation and to ensure that customers around the world can benefit from the proliferation of affordable technology."

According to the press release, Lenovo's annual investment of US$2.2 billion in research and development, coupled with an additional recent investment of US$1 billion in AI innovation, underlines its commitment to technological advancement. The company has been acknowledged for its innovation prowess, securing the 24th spot on the Boston Consulting Group's 'World's Most Innovative Companies' list. Additionally, its products, including the Yoga Book 9i and the Rollable Laptop, received recognition in Time's 'Best Inventions of 2023' accolade.

DLA Piper, a global law firm, represents Lenovo in this legal matter.