TP-Link Systems Inc & Anor v Huawei Technologies Co Ltd [2026] EWHC 179 (Pat) (30 January 2026)

TP-Link Systems Inc & Anor v Huawei Technologies Co Ltd [2026] EWHC 179 (Pat) (30 January 2026)

The appropriate interim payment is the mid-point between TP-Link's US$12 million offer and Huawei's rack rate calculation, covering sales from 2008 to April 2027, including interest at US Prime +1%, and including white label goods and mesh products. The interim payment is to be paid to Huawei, not into escrow. The non-refundable amount is set at US$12 million, subject to upward adjustment if white label goods sales are significant.

Citation
[2026] EWHC 179 (Pat)
Parties
Claimant: TP-LINK SYSTEMS INC.; Claimant: TP-LINK UK LIMITED; Defendant: HUAWEI TECHNOLOGIES CO., LTD
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Patent Dispute (rand/frand Licensing) / Interim Application for Declaration and Determination of Interim Licence Terms
Outcome
Interim licence granted on terms determined by the court.
Legal Topics
Rand/frand Licensing, Standard Essential Patents, Interim Relief, Patent Royalties, Interest on Damages, Disclosure, Limitation Periods
Intellectual Property Competition Law Rand/frand Licensing Standard Essential Patents Interim Relief Patent Royalties Interest on Damages Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TP-LINK SYSTEMS INC.

Claimant

TP-LINK UK LIMITED

Claimant

HUAWEI TECHNOLOGIES CO., LTD

Defendant

Procedural Posture

Patent Dispute (rand/frand Licensing) / Interim Application for Declaration and Determination of Interim Licence Terms

Legal Issues

  1. 1 What is the appropriate interim payment for a RAND licence pending final determination?
  2. 2 Should the mid-point approach or TP-Link's Unpacking Analysis be adopted for the interim payment?
  3. 3 Should the interim payment include interest and cover past sales from 2008?

Ratio Decidendi

The appropriate interim payment is the mid-point between TP-Link's US$12 million offer and Huawei's rack rate calculation, covering sales from 2008 to April 2027, including interest at US Prime +1%, and including white label goods and mesh products. The interim payment is to be paid to Huawei, not into escrow. The non-refundable amount is set at US$12 million, subject to upward adjustment if white label goods sales are significant.

Court Disposition

Interim licence granted on terms determined by the court.

Orders

  • Interim payment to be calculated as the mid-point between TP-Link's US$12 million offer and Huawei's rack rate, covering sales from 2008 to April 2027, with interest at US Prime +1%.
  • Non-refundable amount set at US$12 million, subject to upward adjustment for white label goods if significant.