Pantech v Google: Tokyo District Court grants first injunction for SEP infringement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Pantech v Google: Tokyo District Court grants first injunction for SEP infringement

Sponsored by

twobirds-400px.jpg
Google Pixel phone

Seiko Hidaka of Bird & Bird and Kento Sumi, currently seconded to Bird & Bird, analyse a landmark decision in a standard-essential patent case and its implications for licensing practices and future litigation in Japan

Pantech v Google is Japan’s third standard-essential patent (SEP) case that addressed the operation of the fair, reasonable, and non-discriminatory (FRAND) defence and an important one, because it demonstrates that injunctions can be obtained under SEP rights. Japan is home to several well-known SEP holders, but its economy has its foundations in high-tech manufacturing.

Earlier cases

The Tokyo District Court was one of the first forums to decide a SEP dispute back in 2013, between Apple and Samsung. In 2014, the appeal court affirmed its decision to deny an SEP-based injunction against a willing party on the ground of abuse of rights, which is a civil law concept rather than one rooted in competition law.

The second SEP dispute was between Pantech and ASUS, with decisions delivered earlier this year after a hiatus of over 10 years. We know that at least two proceedings were filed, each relating to two patents. One of the cases found the asserted SEPs infringed; the other did not. No injunction was granted because ASUS was not found to be unwilling to take a licence.

Why did the court order an injunction against Google?

The judgment is not yet publicly available, but according to news reports, the injunction was ordered because Google lacked the intention to license. Both parties had agreed to a court-led mediation, on a global basis. In the process, the court evaluated the FRAND royalty using the method propounded in the Apple v Samsung appeal.

However, Google declined to provide volume and pricing data, describing such details as potentially complicating the evaluation process. This reluctance was deemed to evidence a lack of genuine intent to pursue a licence.

Comparison with Pantech v ASUS

ASUS rejected a global licence solution, but the court did consider ASUS a willing licensee despite that. The court recognised that, given the global nature of SEPs, FRAND licences should generally cover the world. However, with no precedent in Japan for applying international developments in FRAND rate calculation over the past decade, there was no established FRAND rate approach in Japanese practice. Having regard to this, and how wide apart the parties were, it was not unreasonable for ASUS to consider it unrealistic to resolve the dispute on a global basis and to focus instead on the patents in suit.

Parallel case before the Osaka District Court

Little is known of Pantech’s parallel SEP case against Google in Osaka, concerning Pixel 7a. Japanese media reported that the claims in Osaka were rejected on July 10 2025, but few details are available.

Next steps and potential impact

A redacted decision will be published. The details may shed light on further reasoning that led to the finding of unwillingness.

The effect of the injunction on Google will be limited as Pixel 7, the subject product in this case, is a discontinued model (in Japan, claimants generally specify the allegedly infringing products, and a general order not to infringe the patent in suit, as is the usual form in UK patent infringement proceedings, is not typically sought). Pantech is reportedly now applying for an interim injunction covering newer models to increase the pressure. Meanwhile, Google is appealing the decision. Watch this space for further developments.

more from across site and SHARED ros bottom lb

More from across our site

On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
Gift this article