Mike Bettinger

Bettinger calls himself a “Midwest guy” but he’s known for litigating highly technical matters on behalf of Califorina companies and other businesses around the world.

Now, the Sidley Austin partner is bringing the so-called “Smartphone Wars” to the 21st century.

As companies move from 3G to 4G and now-developing 5G portfolios, the arguments surrounding licensing and patent portfolios have become more contentious.

Bettinger’s representation of Chinese telecom equipment and consumer electronics manufacturer Huawei Technologies Co. Ltd. is a perfect example. Huawei has been entangled with Samsung Electronics Co. Ltd. over Huawei’s 4G LTE standard essential patent portfolio. Huawei Technologies Co. Ltd. v. Samsung Electronics Co. Ltd., Case No. 16-CV02787 WHO (N.D. Cal., filed May 24, 2016).

The lawsuit alleges Samsung and its affiliates earned billions of dollars selling standardized products that use Huawei’s technology.

U.S. District Court Judge William H. Orrick of San Francisco has already denied Samsung’s invalidity challenge and a trial date has been set for September.

“We’ve been going toe-to-toe with Quinn [Emanuel Urquhart & Sullivan LLP] on it and that’s been a hard fought battle,” Bettinger said of the litigation. “Having two of the telecom titans duking it out in federal court in San Francisco has really been an experience.”

Bettinger predicts with dramatic proliferation of 5G technology, litigation involving licensing and standards will become more frequent.

“As we move into 5G, there will need to be new licenses,” Bettinger said. “You have those fights going on and I see those as the big fights.”

One of those fights played out in the Northern District where Bettinger is representing ASUS Computer International Inc. As the plaintiff’s attorney, Bettinger has claimed defendant Interdigital Inc. created unfair terms when it set prices for its licenses. ASUS Computer International Inc. v. InterDigital Inc., 15-CV01716 (N.D. Cal., filed April 15, 2015).

The case has the potential to set a precedent for how a court can be involved in setting standards under so-called FRAND terms, short for fair, reasonable, and non-discriminatory. It is scheduled to go to trial in May.

“FRAND licensing is becoming a standard of how courts look at this issue,” Bettinger said. “Because we were out in front, we’re going to stay involved.”

— Paula Lehman-Ewing