The Asus smartphones have been removed from Dutch stores in recent weeks. The manufacturer had to do this because of a lawsuit lost against Philips by a patent of hsupa, a 3G technique.
The Court of Appeal in The Hague instructed Asus in its decision last month to remove all patent infringement products from the shelves. This has happened since then. The ROG Phone has been available for some time but is nowhere to be found. Other Asus smartphones have also disappeared from the shelves. Zenfone 6, which Asus introduced recently, will not appear in the Netherlands for now.
Asus tells Tweakers that it must respect the court's decision and that the company is still considering whether it is against the Court's ruling. Meanwhile, Asus is not allowed to sell smartphones with hsupa, upload via 3G in the Benelux. As all smartphones have this technology on board, all smartphones have had to disappear from the shelves.
The Philips patent is a standard patent, a patent in which you must have a license if you install 3g on a device, and Asus can therefore license it under certain conditions. Philips contacted Asus in 2013 to say that a license was needed. The Dutch company sent a conceptual license in 2015 with fees. Asus did not answer that.
As Asus was not licensed under Philips, Philips felt free to take legal action. The Court considers the Philips patent to be valid and thus cancels the decision of the First Instance Court in The Hague in 2017 which determined that the patent was invalid.
Asus is not the only one involved in a legal battle with Philips over this patent. Wiko and Archos are also in court in front of the Dutch company because of the UMTS patent. In the case of Wiko, a decision will probably be issued soon. Archos won the suit in 2017 along with Asus. It is not clear whether this case will also be appealed to the Court.