Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Ors

Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Ors

Unwired Planet is entitled to 70% of its costs for the anti-suit injunction application as it was the substantive winner; neither party is entitled to costs for the application to lift the stay. The anti-suit injunction would have been granted against Huawei due to the vexatious nature of the Chinese proceedings, while lifting the stay was bound to fail due to lack of damage to Unwired Planet and potential irreparable harm to Huawei.

Parties
Claimant: Unwired Planet International Limited; Claimant: Unwired Planet, LLC; Defendant: Huawei Technologies Co. Limited; Defendant: Huawei Technologies (UK) Co. Limited; Defendant: Huawei Device Co. Limited; Defendant: Huawei Device (Dongguan) Co. Limited
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Patent Infringement and FRAND Licensing Dispute / Post Compromise Costs Determination Following Interim Applications
Outcome
Costs order in favour of Unwired Planet for 70% of its costs of the application; interim payment ordered.
Legal Topics
Patent Infringement, FRAND Licensing, Anti Suit Injunctions, Costs Orders, Stay of Injunctions
Intellectual Property Competition Law Civil Procedure Patent Infringement FRAND Licensing Anti Suit Injunctions Costs Orders Stay of Injunctions

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Parties

Unwired Planet International Limited

Claimant

Unwired Planet, LLC

Claimant

Huawei Technologies Co. Limited

Defendant

Huawei Technologies (UK) Co. Limited

Defendant

Huawei Device Co. Limited

Defendant

Huawei Device (Dongguan) Co. Limited

Defendant

Procedural Posture

Patent Infringement and FRAND Licensing Dispute / Post Compromise Costs Determination Following Interim Applications

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 injunction against Huawei should be lifted
  3. 3 Determination of costs following compromise of interim applications

Ratio Decidendi

Unwired Planet is entitled to 70% of its costs for the anti-suit injunction application as it was the substantive winner; neither party is entitled to costs for the application to lift the stay. The anti-suit injunction would have been granted against Huawei due to the vexatious nature of the Chinese proceedings, while lifting the stay was bound to fail due to lack of damage to Unwired Planet and potential irreparable harm to Huawei.

Court Disposition

Costs order in favour of Unwired Planet for 70% of its costs of the application; interim payment ordered.

Orders

  • Huawei to pay Unwired Planet 60% of 70% of £360,000 as interim payment on account of costs.
  • Neither party to recover costs for the application to lift the stay.