Samsung scored a landmark victory in London’s High Court last June, securing an interim license to use ZTE’s standard-essential patents (SEPs), the first time a UK trial court has granted such rights, in a move that could influence patent battles worldwide.
The court ruled that ZTE failed to offer Samsung a license on fair, reasonable, and non-discriminatory (FRAND) terms, an obligation for all SEP holders under industry standards like 4G and 5G. These rules are meant to ensure fair access to patented technologies and prevent companies from blocking competition. The judgment sided with Samsung’s claim that ZTE was acting as an unwilling licensor, opening the door for further action.
Following the decision, Samsung has asked the European Telecommunications Standards Institute (ETSI) in July to remove ZTE’s patents from international standards, according to a report by IAM. This request was made under Clause 8.2 of ETSI’s Intellectual Property Rights Policy, which allows for delisting if a patent owner fails to meet FRAND commitments.
FRAND licensing and Clause 8.2
At the core of the dispute is the interpretation of what it means to license standard essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. These obligations are intended to ensure that technologies, such as those enabling 5G connectivity, remain accessible to all industry players. Without FRAND safeguards, SEP holders could impose excessive royalties or restrict market access, threatening the purpose of standardization.
Clause 8.2 of ETSI’s Intellectual Property Rights policy serves as a mechanism to address such concerns. If a company is found to have violated its FRAND commitment, ETSI may revoke the standard essential status of its patents, thereby weakening its bargaining position. This clause is rarely applied, making Samsung’s request particularly noteworthy.
With ZTE now under ETSI review, Samsung’s approach, leveraging both court rulings and regulatory channels, reflects an evolving strategy in global patent enforcement.
Impact on Samsung and ZTE
The decision shields Samsung from potential sales bans during its global licensing fight with ZTE. The case is part of the UK leg of a wider patent dispute between the two tech giants. It also reflects a recent trend in English courts, which have allowed short-term SEP licences while trials are ongoing, as seen in Amazon’s clash with Nokia and Lenovo’s battle with Ericsson. Both of the disputes later ended in settlements.
For ZTE, the loss comes as ETSI reviews Samsung’s rare Clause 8.2 request, which could strip ZTE’s 2G, 3G, 4G, and 5G patents from key standards. If ETSI agrees, ZTE could lose important leverage in future licensing talks and legal battles.
The timing is critical, with industry projections placing the global 5G infrastructure market at USD 34.23 billion in 2024, rising to USD 47.44 billion in 2025 and surging to USD 540.34 billion by 2032, reflecting a compound annual growth rate of 41.6%. ZTE ranks among the top global SEP holders (See our article: 5G Standard Essential Patents: Key Players and Trends in 2025), a status key to its royalty revenues. Losing even part of its 5G SEP portfolio could cost hundreds of millions in licensing income over the next decade as the market enters its steepest growth phase.
ZTE’s at-risk 4G–5G SEPs
The following sections examine three patents, each declared as a standard-essential patent (SEP) and potentially at risk of being delisted by ETSI. These patents address key technical challenges in modern communications, including seamless transitions between 4G and 5G, more efficient data routing in 5G networks, and improved coordination between connected devices.
Wireless node discovery method for coordinated signal timing
As wireless networks expand, ensuring that devices can quickly and efficiently find each other is essential for maintaining strong connectivity. In large or dense networks, overlapping discovery signals can cause interference, making it harder for devices to connect. A coordinated approach to signal timing can help avoid these collisions and improve network performance.
U.S. Patent No. 11,949,612 describes a system that allows wireless communication nodes to discover one another by transmitting signals at coordinated times. In one example, a first wireless node sends configuration information to multiple other nodes, instructing each when to transmit its discovery signal. By assigning different time positions for these signals, the network reduces the chance of interference and increases discovery efficiency.
The technology works in both directions, nodes can send configuration information to others or receive it and adjust their own discovery signal timing accordingly. This ensures that all participating devices operate on a shared schedule, allowing faster and more reliable device detection across the network.
The patent, titled “Methods, apparatus and systems for discovering wireless communication nodes,” was filed on February 10, 2021, and granted on April 2, 2024. The inventors are Ting Miao, Feng Bi, Wenhao Liu, Youxiong Lu, and Weimin Xing. Legal representation was provided by Perkins Coie, with attorneys Michael Glenn, Kenneth Ohriner, Michael Wise et al. named on the application.
Routing selection method for efficient 5G communication
As 5G networks become complex, routing data through the right network components is critical to maintaining fast and reliable service. Inefficient routing can cause delays, service drops, or wasted resources, especially when devices move between network slices or operators. A smarter way to select and update routes helps keep connections stable and performance high.
U.S. Patent No. 11,399,330 describes a system that improves routing decisions in a 5G architecture. The approach uses a “route reassignment message” sent from a serving core network device to an access network device, containing details such as network identifiers, address information, context IDs, supported network slices, and operator information. This data allows the access device to update routing for a user’s communication session, ensuring it follows the most suitable network path.
The patent, titled “Routing selection method, apparatus, device and system, and storage medium,” was filed on August 10, 2020, and granted on July 26, 2022. The inventors are Dapeng Li, Yin Gao, Jinguo Zhu, and Shuang Liang. Legal representation was provided by Foley & Lardner LLP, with attorneys Gilberto Villacorta, Courtenay Brinckerhoff, Mark Kassel et al.named on the application.
Smarter sidelink coordination between user devices
As mobile devices move between 4G and 5G coverage areas, network handovers can cause delays, dropped connections, or extra signaling traffic, especially when the two networks’ control systems are not directly connected. This can disrupt services such as video calls or online gaming, where even brief interruptions are noticeable.
U.S. Patent No. 11,159,991 describes a system that helps devices keep data sessions active when switching between 4G and 5G. When a device connects to a new network, the network’s management system sends an “activation indication” telling the device either to reactivate its old connection or confirming that it is already active.
The approach adapts depending on whether there is a direct interface between the old and new network controllers, avoiding unnecessary procedures and reducing signaling overhead. The invention covers both the method and the supporting equipment, making it applicable to consumer smartphones and other connected devices that roam between 4G and 5G.
The patent, titled “Method, apparatus and device for allowing terminals to move between 4G and 5G networks,” was filed on September 19, 2019, and granted on October 26, 2021. The inventors are Fei Lu, Zhendong Li, and Jinguo Zhu. Legal representation was provided by Foley & Lardner LLP, with attorneys Gilberto Villacorta, Courtenay Brinckerhoff, Mark Kassel et al. named on the application.
ZTE: Patenting activity
ZTE reached a record 6,341 global patent filings in 2022. The peak year coincided with the release of the company’s 2022 Annual Sustainability Report, outlining its “Driver of Digital Economy” strategy and progress toward global digital transformation. By the end of 2022, ZTE had accumulated over 85,000 patent applications and secured 43,000 grants, forged partnerships with more than 500 companies across 15 industries, and led over 100 digital transformation projects.
ZTE’s aggressive patent strategy is reflected not just in volume but also in its international reach. Chinese companies reached a record 20,081 patent applications at the EPO, ranking fourth worldwide and accounting for 10.1% of total filings. ZTE ranked 16th among all applicants in Europe, with 999 filings, highlighting its strong presence in the European technology landscape alongside other Chinese leaders like Huawei, CATL, and Xiaomi.
The chart shows ZTE’s global patent filings and Standard Essential Patents (SEPs) from 2015 to 2025. SEPs account for 18.3% of ZTE’s total filings, reflecting the company’s focus on technologies critical to industry standards, such as 5G. While overall filings are projected to decline after 2022, SEPs remain a key part of ZTE’s intellectual property strategy, reinforcing its role in global standard-setting within the telecommunications sector.
ZTE: Top Law Firms
ZTE is leaning on a small group of law firms to handle its growing patent portfolio, with Beyond Attorneys at Law leading at nearly 6,000 filings from 2015 to 2025. Jiaquan IP & Law and Beijing Kangxin Intellectual Property followed, managing over 3,000 and 2,900 filings, respectively.
Most firms are China-based, but the inclusion of Germany’s Vossius & Partner signals ZTE’s push into global markets. The mix reflects a dual strategy of strengthening its IP base at home while expanding abroad.
ZTE: Top Technology Areas
ZTE’s patent filings from 2015 to 2025 are heavily concentrated in wireless communication networks (H04W) and transmission of digital information (H04L), together making up over 66% of its global filings. This highlights the company’s strategic focus on next-generation mobile infrastructure, particularly 5G and future 6G systems. The dominance of these two categories reflects ZTE’s efforts to solidify its position in the global race for telecom supremacy.
The rest of ZTE’s portfolio spans a broad mix of technologies, including climate change mitigation in ICT (Y02D) at 7%, and electric digital data processing (G06F) at 6.5%. While smaller in share, these areas hint at diversification into green tech and AI-related computing. Niche categories like radio navigation (G01S) and telephonic communication (H04M) make up a minimal part, suggesting ZTE’s priority lies in core network technologies over legacy systems or specialized applications.
