Unwired Planet International Ltd v Huawei Technologies Co., Ltd & Ors [2015] EWHC 3837 (Ch) (16 December 2015)

Unwired Planet International Ltd v Huawei Technologies Co., Ltd & Ors [2015] EWHC 3837 (Ch) (16 December 2015)

The outcome of the non-technical trial will not affect the costs attributable to the technical trial; therefore, immediate costs order in favour of claimant is appropriate and reservation of costs is not justified.

Citation
[2015] EWHC 3837 (Ch)
Parties
Claimant: Unwired Planet International Limited; Defendant: Huawei Technologies Co., Limited; Defendant: Huawei Technologies (UK) Co., Limited; Defendant: Samsung Electronics Co., Limited; Defendant: Samsung Electronics (UK) Limited; Defendant: Google Inc.; Defendant: Google Ireland Limited; Defendant: Google Commerce Limited; Ninth Party: Unwired Planet, Inc.; Tenth Party: Unwired Planet LLC; Eleventh Party: Telefonaktiebolaget LM Ericsson
Jurisdiction
England and Wales
Judgment Date
16 December 2015
Procedural Posture
Patent Infringement and Validity / Post Trial Costs Order Following Technical Trial
Outcome
Costs order in favour of claimant; permission to appeal granted on specified grounds.
Legal Topics
Patent Validity, Patent Infringement, FRAND Licensing, Costs Orders, Competition Law (articles 101 and 102)
Intellectual Property Competition Law Patent Validity Patent Infringement FRAND Licensing Costs Orders Competition Law (articles 101 and 102)

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Parties

Unwired Planet International Limited

Claimant

Huawei Technologies Co., Limited

Defendant

Huawei Technologies (UK) Co., Limited

Defendant

Samsung Electronics Co., Limited

Defendant

Samsung Electronics (UK) Limited

Defendant

Google Inc.

Defendant

Google Ireland Limited

Defendant

Google Commerce Limited

Defendant

Unwired Planet, Inc.

Ninth Party

Unwired Planet LLC

Tenth Party

Telefonaktiebolaget LM Ericsson

Eleventh Party

Procedural Posture

Patent Infringement and Validity / Post Trial Costs Order Following Technical Trial

Legal Issues

  1. 1 Appropriate costs order following technical patent trial
  2. 2 Impact of pending non-technical trial on costs
  3. 3 Whether costs should be reserved or awarded immediately

Ratio Decidendi

The outcome of the non-technical trial will not affect the costs attributable to the technical trial; therefore, immediate costs order in favour of claimant is appropriate and reservation of costs is not justified.

Court Disposition

Costs order in favour of claimant; permission to appeal granted on specified grounds.

Orders

  • Defendants to pay claimant's costs attributable to Technical Trial A, to be assessed if not agreed.
  • Defendants to make interim payment to claimant of £1,270,800 by 4 p.m. on 20th January 2016.