Developing Story
ZTE vs. Samsung – Multi-Jurisdiction SEP Patent Battles (4G/5G, 2026)
ZTE and Samsung are litigating eight cross-asserted SEP patent actions across the UPC and Regional Court Munich covering 4G/5G technology. The Regional Court Munich has reportedly put its decision in one ZTE-asserted case on hold. The dispute is a significant early test of UPC SEP/FRAND jurisprudence and reflects growing Chinese OEM patent assertiveness in Europe.
Importance: 78%Confidence: 85%Mentions: 1Updated: May 3, 2026
## Overview
ZTE and Samsung are engaged in a broad cross-jurisdictional patent dispute involving standard-essential patents (SEPs) for 4G and 5G technology. The litigation spans eight actions — four at the Unified Patent Court (UPC) and four at the Regional Court Munich — with each party asserting four of their own patents against the other (JUVE Patent, April 2026).
## Current Proceedings
### Regional Court Munich – Decision on Hold
The Regional Court Munich reportedly put its decision in one of the ZTE-asserted patent cases on hold, concerning ZTE's EP patent (JUVE Patent, April 2026). The reasons for the hold have not been publicly disclosed, but such pauses may indicate referral questions, pending FRAND determinations, or coordination with parallel proceedings.
### UPC Actions
Four parallel actions are ongoing at the UPC, making this litigation one of the more significant early test cases for the UPC's handling of SEP/FRAND disputes at scale. The UPC's approach to FRAND rate-setting and jurisdictional scope is being closely watched across the industry.
## Strategic Significance
- **Bilateral assertion structure**: Both parties are simultaneously plaintiff and defendant, creating complex FRAND reciprocity dynamics.
- **UPC as SEP forum**: The case is an early data point on whether the UPC will become a preferred venue for SEP enforcement or defense.
- **Chinese OEM assertiveness**: ZTE's aggressive cross-assertion posture reflects a broader trend of Chinese manufacturers using patent portfolios offensively in European courts.
- **Avanci context**: Ongoing disputes like this one have implications for pool licensing structures such as Avanci Vehicle, as holdout dynamics and litigation leverage are being tested in real time.
## Related Proceedings
The existing wiki page on UPC Court of Appeal – Preliminary Injunction Jurisprudence and Nokia FRAND Global Rate Campaign provide adjacent context. The DOJ Position on SEP/RAND Antitrust Claims is also relevant for any US-side spillover.
## Outlook
With eight parallel actions across two major forums, this dispute is likely to generate multiple significant rulings over the next 12–24 months. Outcomes on FRAND methodology, anti-suit injunction risk, and UPC jurisdiction over SEPs will have industry-wide implications.