Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Ors [2015] EWHC 1029 (Pat) (24 April 2015)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Ors [2015] EWHC 1029 (Pat) (24 April 2015)

The issues of whether Unwired Planet's April and July 2014 proposals are FRAND, and whether Unwired Planet is obliged to offer single patent, standard-specific, or territory-specific licences, cannot be determined summarily as they are fact-dependent and intertwined with competition law considerations. There is a real prospect of Unwired Planet defending its FRAND claims, and the applications for summary judgment and strike out are refused. Unwired Planet is permitted to amend its claim to seek a declaration that its proposals are FRAND, subject to conditions requiring both parties to set out the licence terms they would offer or accept for the five patents in suit.

Citation
[2015] EWHC 1029 (Pat)
Parties
Claimant: Unwired Planet International Limited; First Defendant: Huawei Technologies Co. Limited; Second Defendant: Huawei Technologies (UK) Co. Limited; Third Defendant: Samsung Electronics Co. Limited; Fourth Defendant: Samsung Electronics (UK) Limited; Fifth Defendant: Google Inc.; Sixth Defendant: Google Ireland Limited; Seventh Defendant: Google Commerce Limited; Ninth Party: Unwired Planet Inc.; Tenth Party: Unwired Planet LLC; Eleventh Party: Telefonaktiebolaget L M Ericsson
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Patent Infringement and Competition Law Proceedings / Interlocutory Judgment on Summary Judgment, Strike Out, and Amendment Applications
Outcome
Applications for summary judgment and strike out refused; application to amend claim to seek declaration allowed with conditions; application for open-ended declaration refused.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Patent Infringement, Competition Law Defences, Injunctions, Summary Judgment, Strike Out Applications, Declaratory Relief
Intellectual Property Competition Law Contract Law Standard Essential Patents (seps) FRAND Licensing Patent Infringement Competition Law Defences Injunctions +3 more

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Parties

Unwired Planet International Limited

Claimant

Huawei Technologies Co. Limited

First Defendant

Huawei Technologies (UK) Co. Limited

Second Defendant

Samsung Electronics Co. Limited

Third Defendant

Samsung Electronics (UK) Limited

Fourth Defendant

Google Inc.

Fifth Defendant

Google Ireland Limited

Sixth Defendant

Google Commerce Limited

Seventh Defendant

Unwired Planet Inc.

Ninth Party

Unwired Planet LLC

Tenth Party

Telefonaktiebolaget L M Ericsson

Eleventh Party

Procedural Posture

Patent Infringement and Competition Law Proceedings / Interlocutory Judgment on Summary Judgment, Strike Out, and Amendment Applications

Legal Issues

  1. 1 Whether Unwired Planet's April and July 2014 licensing proposals are FRAND under the ETSI IPR Policy and Declaration
  2. 2 Whether the court should grant summary judgment or strike out Unwired Planet's claim that its proposals are FRAND
  3. 3 Whether Unwired Planet is obliged to offer single patent, standard-specific, or territory-specific licences under the ETSI IPR Policy

Ratio Decidendi

The issues of whether Unwired Planet's April and July 2014 proposals are FRAND, and whether Unwired Planet is obliged to offer single patent, standard-specific, or territory-specific licences, cannot be determined summarily as they are fact-dependent and intertwined with competition law considerations. There is a real prospect of Unwired Planet defending its FRAND claims, and the applications for summary judgment and strike out are refused. Unwired Planet is permitted to amend its claim to seek a declaration that its proposals are FRAND, subject to conditions requiring both parties to set out the licence terms they would offer or accept for the five patents in suit.

Court Disposition

Applications for summary judgment and strike out refused; application to amend claim to seek declaration allowed with conditions; application for open-ended declaration refused.

Orders

  • Refusal of Huawei's application for summary judgment and strike out of Unwired Planet's FRAND claims.
  • Permission granted to Unwired Planet to amend its claim to seek a declaration that its April and July 2014 proposals are FRAND, subject to the claimant stating whether it will offer a territorial licence for the five patents in suit and setting out proposed terms; defendants to set out terms they would accept.