MediaTek Germany v Huawei Technologies (UPC_CFI_247/2025)

• In these ongoing FRAND proceedings, MediaTek applied to the Mannheim LD, requesting that Huawei produce a series of licence agreements that it had entered into with other licensees.
• Huawei opposed the application on the basis that these agreements related to network infrastructure products and not mobile devices, and therefore were not relevant to the dispute at hand.
• The judge-rapporteur found that MediaTek's application was partially justified and ordered Huawei to submit various licence agreements referred to in one of its statements. The judge-rapporteur stated that Huawei was permitted to redact the parts that it did not wish to use for its factual submissions or legal argumentation.
• However, the judge-rapporteur did not order Huawei to submit agreements with one anonymous counterparty. In exercising their discretionary powers under Rule 190 RoP, the judge-rapporteur held that it was not necessary, relevant or proportionate to order the production of the licences with this party at this stage in proceedings.
• In addition, the judge-rapporteur rejected MediaTek's request for Huawei to produce "all amendments and supplements to the licence agreements, any ancillary agreements and other agreements relating to the aforementioned agreements". The judge-rapporteur held that this request was too extensive and must be dismissed. They stated that the proper classification of Huawei's offer as FRAND-compliant or FRAND-incompatible appeared to be possible on the basis of the contracts ordered to be brought into the proceedings without this further knowledge because the licence agreements would allow "the status quo" of Huawei's portfolio at the time they were concluded to be compared with the current portfolio. This would enable an assessment to be made as to whether any relevant changes had occurred.
• A related decision can be found here.

This analysis is based on a machine translation of a decision not available in English.