Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Anor (Rev 1)

Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Anor (Rev 1)

A global licence is FRAND in the circumstances of this case and may be imposed by a UK court; the non-discrimination limb of FRAND is satisfied by offering a benchmark rate to all similarly situated licensees, not by matching the lowest prior rate; UP did not abuse its dominant position under Article 102 TFEU as sufficient notice and negotiation occurred.

Parties
Claimant/respondent: Unwired Planet International Limited; Tenth Party/respondent: Unwired Planet LLC; Defendant/appellant: Huawei Technologies Co. Limited; Defendant/appellant: Huawei Technologies (UK) Co Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Standard Essential Patents, FRAND Licensing, Abuse of Dominant Position, Non Discrimination, Patent Infringement, International Licensing, Injunctions
Intellectual Property Competition Law Contract Law Standard Essential Patents FRAND Licensing Abuse of Dominant Position Non Discrimination Patent Infringement +2 more

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Parties

Unwired Planet International Limited

Claimant/respondent

Unwired Planet LLC

Tenth Party/respondent

Huawei Technologies Co. Limited

Defendant/appellant

Huawei Technologies (UK) Co Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a global licence is FRAND and can be imposed by a national court
  2. 2 Interpretation of the non-discrimination limb of FRAND
  3. 3 Whether UP abused its dominant position under Article 102 TFEU by bringing proceedings prematurely

Ratio Decidendi

A global licence is FRAND in the circumstances of this case and may be imposed by a UK court; the non-discrimination limb of FRAND is satisfied by offering a benchmark rate to all similarly situated licensees, not by matching the lowest prior rate; UP did not abuse its dominant position under Article 102 TFEU as sufficient notice and negotiation occurred.

Court Disposition

Appeal dismissed

Orders

  • Global FRAND licence terms as settled by the trial judge upheld
  • UP entitled to injunction against Huawei unless Huawei enters into global licence