Following SEP (Standard Essential Patent) lawsuits against BYD and Geely, another Chinese automotive company, Great Wall Motor Brazil Ltd. (hereinafter “GWM Brazil”) is now involved in a standard-essential patent (SEP) dispute. However, unlike previous cases, the Brazilian court is attempting to establish a clearer and more unified judicial examination framework for SEP disputes with this case, addressing long-standing issues such as inconsistent injunction standards and procedural delays in SEP lawsuits. 

Lawsuit initiated, targeting 4G/LTE connectivity in vehicles

In late December 2025, Sun Patent Trust (hereinafter “Sun Patent”) filed a patent infringement lawsuit against GWM Brazil at the Commercial Court of Rio de Janeiro State, Brazil, seeking a preliminary injunction demanding an immediate halt to the alleged infringing activities.

The case involves two 4G/LTE standard essential patents (Brazilian patents BR 112012006057-0 and PI 0821961-3). Sun Patent alleges that GWM Brazil’s 13 vehicle models equipped with 4G/LTE connectivity (including multiple NEV series such as HAVAL, ORA, POER, TANK, and WEY) infringe its patented technology without authorization. 

In its complaint, Sun Patent emphasized that the patented technologies in question are essential to 3GPP’s 4G/LTE standards unavoidable for implementing these standards. Therefore, communication modules such as the TBOX-T5-GLOBAL installed in GWM Brazil’s vehicles inevitably fall within the scope of patent protection. Sun Patent submitted opinions from four experts in the field of communication technology to support its claims, all of whom unanimously affirmed the essentiality of the patents and the infringement by GWM Brazil’s products. 

The core demands of the lawsuit are as follows: 

1. Requesting the court to issue a preliminary injunction ordering GWM Brazil to immediately stop implementing the patented technologies in the relevant vehicle models, deactivate or cease promoting 4G/LTE functionalities, and submit sales financial data for the infringing vehicles. 

2. To pursue a permanent injunction in the substantive claims, along with compensation for economic losses and at least 300,000 Brazilian reais in moral damages. 

As a forefront case in the IP disputes on Intelligent Connected Vehicle (ICV) expanding overseas, besides several automakers facing lawsuits in Brazil, statistics show that 19 SEP cases were filed between 2024 and October 2025, making Patent holders gradually know the importance of the Brazilian jurisdiction and aligning it with their global patent assertion strategies. Companies such as TCL, Transsion, Hisense, Acer, MediaTek, Asus, Samsung, and Disney have also been involved in SEP disputes in Brazil. According to the developments in this case, two paradigm-shifting trends may emerge in the Brazilian judicial landscape: 

First, Brazil could become an active new jurisdiction area for NPEs (Non-Practicing Entities). The Brazilian court’s proactive move to “establish rules” in this litigation may help build a more predictable litigation framework. However, its practical enforcement—especially the specific standards for granting injunctions—will serve as a key indicator for observing future NPE activities in the region. 

Second. Once this SEP adjudication framework is implemented in this case and potentially influences commercial courts in Rio de Janeiro and other parts of Brazil, it will provide clearer litigation risk assessments and behavioral guidance for patent holders and implementers in technology-standard-dependent industries such as communications and automotive. The subsequent developments in SPT v. GWM will undoubtedly serve as a “touchstone” for Brazil’s new judicial framework for SEPs.

From IP Forefront

December 21st, 2025