Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (05 April 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (05 April 2017)

The court has jurisdiction to determine FRAND terms and set a global or UK portfolio licence. Unwired Planet's offers were not always FRAND, but the court can set FRAND terms. A SEP holder may be entitled to insist on a global licence if that is FRAND. Commencing litigation did not amount to an abuse of dominance in this case, and Huawei is not entitled to a competition law defence to an injunction if it refuses to accept a FRAND licence.

Citation
[2017] EWHC 711 (Pat)
Parties
Claimant: Unwired Planet International Ltd; First Defendant: Huawei Technologies Co. Ltd; Second Defendant: Huawei Technologies (UK) Co. Ltd; Tenth Party: Unwired Planet LLC
Jurisdiction
England and Wales
Judgment Date
05 April 2017
Procedural Posture
Patent Infringement and Frand/competition Law Dispute / High Court Judgment After Non Technical Trial
Outcome
FRAND terms determined by the court; injunction granted unless Huawei accepts FRAND licence.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Abuse of Dominant Position, Injunctions, Royalty Determination
Intellectual Property Competition Law Standard Essential Patents (seps) FRAND Licensing Abuse of Dominant Position Injunctions Royalty Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Unwired Planet International Ltd

Claimant

Huawei Technologies Co. Ltd

First Defendant

Huawei Technologies (UK) Co. Ltd

Second Defendant

Unwired Planet LLC

Tenth Party

Procedural Posture

Patent Infringement and Frand/competition Law Dispute / High Court Judgment After Non Technical Trial

Legal Issues

  1. 1 What constitutes FRAND terms under the ETSI IPR Policy?
  2. 2 Is Unwired Planet's offer to Huawei FRAND?
  3. 3 Can a SEP holder insist on a global licence as FRAND?

Ratio Decidendi

The court has jurisdiction to determine FRAND terms and set a global or UK portfolio licence. Unwired Planet's offers were not always FRAND, but the court can set FRAND terms. A SEP holder may be entitled to insist on a global licence if that is FRAND. Commencing litigation did not amount to an abuse of dominance in this case, and Huawei is not entitled to a competition law defence to an injunction if it refuses to accept a FRAND licence.

Court Disposition

FRAND terms determined by the court; injunction granted unless Huawei accepts FRAND licence.

Orders

  • Court sets FRAND terms for a global or UK portfolio licence.
  • Huawei must accept FRAND licence or face injunction.