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Chronicles

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Huawei and Xiaomi sign a global patent cross-licensing deal covering communication tech such as 5G; Chinese media reported in March 2023 that Huawei sued Xiaomi

Reuters

Context & Ripple Effects

The agreement follows Huawei’s expanding 5G licensing activity, including its 5G technology licensing arrangement with Oppo, and comes after Chinese media reported a patent suit between Huawei and Xiaomi earlier in 2023.

For Xiaomi, the deal extends a history of cellular-patent cross-licensing: it previously reached a multi-year cellular patent agreement with Nokia. It also arrives shortly after Huawei renewed a global 5G cross-license with Ericsson.

First-order effects

  • Huawei and Xiaomi gain reciprocal rights to communication technologies covered by the agreement, providing a defined framework for using relevant patents in their products and operations.
  • The pact lowers the immediate bilateral uncertainty around the companies’ communications-patent positions, though the supplied coverage does not specify the status of the reported lawsuit.

Second-order effects

  • Other handset makers negotiating with Huawei must treat the company’s licensing program as an established route to access communications patents, rather than an isolated arrangement.
  • Xiaomi can manage standards-related intellectual-property access alongside its existing Nokia arrangement, reducing the need to resolve overlapping patent exposure through separate disputes.

Third-order effects

  • If similar agreements continue, cross-licensing could become a more central mechanism for settling access to 5G patent portfolios among major device and network-technology companies.
  • The pattern may shift competition away from whether firms can use foundational communications technology and toward the commercial terms and portfolio leverage behind those licenses.

The trend: This is one data point in the broader normalization of global 5G patent cross-licensing as firms convert large standards-essential portfolios from litigation leverage into commercial access arrangements.