OPPO Wins First Instance in German Counterclaim Against ASUS Over 5G Patent Infringement

Recently, a global dispute over 5G standard-essential patents (SEPs) between Chinese technology company OPPO and ASUS has reached a pivotal turning point in Germany. On March 5, 2026, the Munich I Regional Court in Germany issued a first-instance judgment, finding that ASUS had infringed OPPO's European Patent EP3657687, which pertains to a "channel hopping determination mechanism" in 5G communication systems. This marks OPPO's first victory in its counterclaim in this case.

The dispute originated in April 2025, when ASUS and its affiliate, Innovative Sonic Corporation (ISC), filed patent infringement lawsuits against OPPO and Xiaomi before the Munich I Regional Court in Germany and the Unified Patent Court (UPC). In response to the lawsuits, OPPO swiftly filed a counterclaim in Germany, creating a proactive and defensive litigation strategy.

The Munich court found that ASUS had, without authorization, used OPPO's 5G SEP technology in its 5G smartphones and notebook computers sold in Germany since June 1, 2022. The patent in question relates to a channel hopping determination method, which plays a fundamental role in ensuring the stability of 5G signal transmission and constitutes a core element in the implementation of 5G standards.

Notably, following this victory, OPPO did not immediately seek an injunction against ASUS's products. Industry analysts suggest that this strategy aims to swiftly obtain judicial confirmation of the infringement, avoiding complex arguments regarding Fair, Reasonable, and Non-Discriminatory (FRAND) principles that often arise from pursuing injunctions, thereby paving the way for subsequent damages negotiations.

ASUS may still appeal the ruling to the Munich Higher Regional Court and has also filed a nullity action against the patent with the German Federal Patent Court. A decision in the nullity proceedings is not expected until the second half of 2027. Meanwhile, the dispute between the parties has expanded beyond 5G into the field of video coding. Reports indicate that OPPO has filed a lawsuit against ASUS before the Shanghai Intellectual Property Court in China, representing the world's first patent litigation involving the new Versatile Video Coding (VVC) standard. The China Intellectual Property Lawyers Network will continue to monitor developments.