Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor (Rev 2) [2017] EWHC 2988 (Pat) (30 November 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor (Rev 2) [2017] EWHC 2988 (Pat) (30 November 2017)

The court determined that Unwired Planet's FRAND undertaking to ETSI is enforceable by implementers such as Huawei. The court found that a global licence can be FRAND and that Unwired Planet was entitled to insist on a global licence. The court set the FRAND royalty rates and terms for a global licence and held that Unwired Planet had not abused a dominant position. An injunction was granted against Huawei unless it entered into a licence on the terms set by the court.

Citation
[2017] EWHC 2988 (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
30 November 2017
Procedural Posture
Patent Infringement and Frand/competition Law Dispute / Final Judgment After Non Technical Trial
Outcome
FRAND terms and rates set by the court; injunction granted unless Huawei enters into licence on those terms.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Abuse of Dominant Position, Patent Infringement, Injunctions, Royalty Determination
Intellectual Property Competition Law Standard Essential Patents (seps) FRAND Licensing Abuse of Dominant Position Patent Infringement Injunctions Royalty Determination

Case Brief

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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 / Final Judgment After Non Technical Trial

Legal Issues

  1. 1 What constitutes FRAND terms for licensing SEPs?
  2. 2 Is Unwired Planet's offer to Huawei FRAND?
  3. 3 Is Unwired Planet abusing a dominant position under Article 102 TFEU?

Ratio Decidendi

The court determined that Unwired Planet's FRAND undertaking to ETSI is enforceable by implementers such as Huawei. The court found that a global licence can be FRAND and that Unwired Planet was entitled to insist on a global licence. The court set the FRAND royalty rates and terms for a global licence and held that Unwired Planet had not abused a dominant position. An injunction was granted against Huawei unless it entered into a licence on the terms set by the court.

Court Disposition

FRAND terms and rates set by the court; injunction granted unless Huawei enters into licence on those terms.

Orders

  • Huawei to enter into a global licence with Unwired Planet on FRAND terms as determined by the court.
  • Injunction granted against Huawei for patent infringement unless it enters into the court-determined licence.