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Ericsson has finally won a 12-year-long lawsuit filed against the Swedish company for patent infringement, highlighting a lack of fair and reasonable process on such matters, one prominent firm has said.

“A question this case raises for us to think about is how to shorten the time it costs to issue a final ruling on such cases,” Wang Yadong, the executive partner at Run Ming Law Office in Beijing, told China Business Law Journal.

In July 2000, Hu Xuanhua and Hu Bin, of the Dalian Hanpu Applied Technology Company, filed the patent lawsuit against Ericsson China and Ericsson Beijing over some models of Ericsson’s mobile phones.

“This case happened at a time when Ericsson mobiles, together with two other major brands, were enjoying the best time of their sales performance in China,” Wang said. “This case has caused terribly negative impacts on Ericsson.”

After nearly 12 years, the Beijing Superior People’s Court rejected all of the plaintiffs’ claims on 27 March 2012. The plaintiffs then appealed to the Supreme People’s Court but later applied for a withdrawal. On 6 January, the supreme court accepted the plaintiffs’ withdrawal, eventually ending this case.

Clock“If the court had granted a timely fair judgement according to the law, then Ericsson’s legal rights would have been adequately protected,” Wang said. “Given that the mobile market has now entered the era of Apple and Samsung products, except that Ericsson doesn’t need to bear the infringement liability, this late ruling means nothing to the company.

“Though administrative proceedings to invalidate the patent were involved in the trial process, the true reason for spending 12 years on this case is mainly because the court delayed the trial. This case proves once again the profound truth of the legal proverb – belated justice is injustice.”

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