Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Ors [2017] EWHC 2831 (Pat) (12 October 2017)

Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Ors [2017] EWHC 2831 (Pat) (12 October 2017)

Unwired Planet was, in substance, the winner of the anti-suit injunction application and is entitled to its costs for that application. The application to lift the stay was bound to fail, but was only made due to Huawei's conduct in commencing Chinese proceedings. Therefore, Unwired Planet should not recover its costs for the stay application, nor pay Huawei's costs for it. 70% of Unwired Planet's costs are attributable to the anti-suit injunction and should be awarded.

Citation
[2017] EWHC 2831 (Pat)
Parties
Claimant/first Applicant: Unwired Planet International Limited; Tenth Party/second Applicant: Unwired Planet, LLC; Defendant/first Respondent: Huawei Technologies Co. Limited; Defendant/second Respondent: Huawei Technologies (UK) Co. Limited; Third Respondent: Huawei Device Co. Limited; Fourth Respondent: Huawei Device (Dongguan) Co. Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Patent Litigation (interim Applications) / Post Compromise, Determination of Costs
Outcome
Costs order: Unwired Planet awarded 70% of its costs of the application, with an interim payment ordered.
Legal Topics
Anti Suit Injunction, FRAND Licensing, Costs Determination, Stay of Injunction, Jurisdiction, Standard Essential Patents (seps)
Intellectual Property Patents Civil Procedure Anti Suit Injunction FRAND Licensing Costs Determination Stay of Injunction Jurisdiction +1 more

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Parties

Unwired Planet International Limited

Claimant/first Applicant

Unwired Planet, LLC

Tenth Party/second Applicant

Huawei Technologies Co. Limited

Defendant/first Respondent

Huawei Technologies (UK) Co. Limited

Defendant/second Respondent

Huawei Device Co. Limited

Third Respondent

Huawei Device (Dongguan) Co. Limited

Fourth Respondent

Procedural Posture

Patent Litigation (interim Applications) / Post Compromise, Determination of Costs

Legal Issues

  1. 1 Whether Unwired Planet is entitled to an anti-suit injunction against Huawei regarding Chinese proceedings
  2. 2 Whether the stay of the injunction against Huawei should be lifted
  3. 3 How costs should be allocated following compromise of the substantive applications

Ratio Decidendi

Unwired Planet was, in substance, the winner of the anti-suit injunction application and is entitled to its costs for that application. The application to lift the stay was bound to fail, but was only made due to Huawei's conduct in commencing Chinese proceedings. Therefore, Unwired Planet should not recover its costs for the stay application, nor pay Huawei's costs for it. 70% of Unwired Planet's costs are attributable to the anti-suit injunction and should be awarded.

Court Disposition

Costs order: Unwired Planet awarded 70% of its costs of the application, with an interim payment ordered.

Orders

  • Unwired Planet awarded 70% of its costs of the application.
  • Interim payment ordered: 60% of 70% of £360,000 to be paid by Huawei.