Unwired Planet International Ltd v Huawei Technologies Co Ltd & Anor

Unwired Planet International Ltd v Huawei Technologies Co Ltd & Anor

A FRAND injunction is appropriate where the defendant refuses to enter into the licence settled by the court; the injunction is discharged if the defendant enters into the licence. Undertakings offered after judgment are too late. Costs are awarded to the overall winner, but costs of the FRAND rate issue are not recoverable. Declaratory relief is granted as to the FRAND nature of the settled licence. Permission to appeal is granted on specified grounds.

Parties
Claimant: Unwired Planet International Ltd; Defendant: Huawei Technologies Co. Ltd; Defendant: Huawei Technologies (UK) Co. Ltd; Tenth Party: Unwired Planet LLC
Jurisdiction
England and Wales
Judgment Date
07 June 2017
Procedural Posture
Patent Infringement and FRAND Licensing Dispute / Remedies Judgment Following Main Judgment
Outcome
FRAND injunction granted, stayed pending appeal; costs awarded to claimant save for Samsung issues and FRAND rate issue; declaratory relief granted; permission to appeal granted on specified grounds.
Legal Topics
FRAND Licensing, Standard Essential Patents, Patent Injunctions, Abuse of Dominance, Costs, Declaratory Relief, Permission to Appeal
Intellectual Property Competition Law FRAND Licensing Standard Essential Patents Patent Injunctions Abuse of Dominance Costs Declaratory Relief +1 more

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Parties

Unwired Planet International Ltd

Claimant

Huawei Technologies Co. Ltd

Defendant

Huawei Technologies (UK) Co. Ltd

Defendant

Unwired Planet LLC

Tenth Party

Procedural Posture

Patent Infringement and FRAND Licensing Dispute / Remedies Judgment Following Main Judgment

Legal Issues

  1. 1 Should a final injunction be granted or undertakings accepted?
  2. 2 Appropriate damages and declaratory relief
  3. 3 Costs allocation

Ratio Decidendi

A FRAND injunction is appropriate where the defendant refuses to enter into the licence settled by the court; the injunction is discharged if the defendant enters into the licence. Undertakings offered after judgment are too late. Costs are awarded to the overall winner, but costs of the FRAND rate issue are not recoverable. Declaratory relief is granted as to the FRAND nature of the settled licence. Permission to appeal is granted on specified grounds.

Court Disposition

FRAND injunction granted, stayed pending appeal; costs awarded to claimant save for Samsung issues and FRAND rate issue; declaratory relief granted; permission to appeal granted on specified grounds.

Orders

  • FRAND injunction to restrain infringement, discharged if defendant enters into FRAND licence, stayed pending appeal.
  • Declaration that the licence annexed to the judgment represents the FRAND terms applicable between the parties in the relevant circumstances.