Unwired Planet International Ltd v Huawei Technologies Co., Ltd & Ors

Unwired Planet International Ltd v Huawei Technologies Co., Ltd & Ors

The outcome of the non-technical trial will not affect the incidence of costs attributable to the technical trial, as the issues of validity, essentiality, and infringement determined in Trial A are sufficiently distinct and final for costs purposes. Therefore, the ordinary order should be made: the unsuccessful party (defendants) pays the successful party's (claimant's) costs for Technical Trial A.

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 and Competition Law / Post Trial Costs Determination Following Technical Trial
Outcome
Costs order in favour of claimant; permission to appeal granted on certain grounds.
Legal Topics
Patent Validity, Patent Infringement, FRAND Licensing, Costs Orders, Split Trials, Competition Law Defences
Intellectual Property Competition Law Civil Procedure Patent Validity Patent Infringement FRAND Licensing Costs Orders Split Trials +1 more

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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 and Competition Law / Post Trial Costs Determination Following Technical Trial

Legal Issues

  1. 1 Appropriate costs order following technical patent trial in context of ongoing competition law and FRAND issues
  2. 2 Whether to reserve costs pending outcome of non-technical trial
  3. 3 Application of discretion in costs under CPR 44.2

Ratio Decidendi

The outcome of the non-technical trial will not affect the incidence of costs attributable to the technical trial, as the issues of validity, essentiality, and infringement determined in Trial A are sufficiently distinct and final for costs purposes. Therefore, the ordinary order should be made: the unsuccessful party (defendants) pays the successful party's (claimant's) costs for Technical Trial A.

Court Disposition

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

Orders

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