Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors [2015] EWHC 2097 (Pat) (21 July 2015)

Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors [2015] EWHC 2097 (Pat) (21 July 2015)

The allegation that Ericsson failed to ensure the transfer of a FRAND obligation to Unwired Planet has no real prospect of success and is struck out. However, the claims that the structure of the MSA and specific terms may breach Article 101 TFEU are properly arguable and should go to trial. Ericsson, by joining the proceedings without reservation, affirmed the court's jurisdiction over the indemnity counterclaim, so no stay is granted under the Arbitration Act.

Citation
[2015] EWHC 2097 (Pat)
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 L M Ericsson
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Patent Infringement and Competition Law / Interlocutory Application (strike Out/summary Judgment and Stay)
Outcome
Application to strike out first breach of Article 101 TFEU succeeded; applications to strike out second and third breaches refused; application for stay under Arbitration Act refused.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Article 101 TFEU, Article 102 TFEU, Patent Assignment, Non Practising Entities (npes), Arbitration Stay, Summary Judgment, Strike Out Applications
Intellectual Property Competition Law Contract Law Arbitration Standard Essential Patents (seps) FRAND Licensing Article 101 TFEU Article 102 TFEU +5 more

Case Brief

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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 L M Ericsson

Eleventh Party

Procedural Posture

Patent Infringement and Competition Law / Interlocutory Application (strike Out/summary Judgment and Stay)

Legal Issues

  1. 1 Whether allegations of breach of Article 101 TFEU against Ericsson should be struck out or go to trial
  2. 2 Whether the transfer of SEPs from Ericsson to Unwired Planet failed to transfer a FRAND obligation
  3. 3 Whether dividing Ericsson's patent portfolio and revenue sharing with Unwired Planet is anti-competitive under Article 101 TFEU

Ratio Decidendi

The allegation that Ericsson failed to ensure the transfer of a FRAND obligation to Unwired Planet has no real prospect of success and is struck out. However, the claims that the structure of the MSA and specific terms may breach Article 101 TFEU are properly arguable and should go to trial. Ericsson, by joining the proceedings without reservation, affirmed the court's jurisdiction over the indemnity counterclaim, so no stay is granted under the Arbitration Act.

Court Disposition

Application to strike out first breach of Article 101 TFEU succeeded; applications to strike out second and third breaches refused; application for stay under Arbitration Act refused.

Orders

  • First alleged breach of Article 101 TFEU struck out.
  • Second and third alleged breaches to proceed to trial.