TP-Link Systems Inc & Anor v Huawei Technologies Co Ltd

TP-Link Systems Inc & Anor v Huawei Technologies Co Ltd

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

Parties
Claimant: TP-LINK SYSTEMS INC.; Claimant: TP-LINK UK LIMITED; Defendant: HUAWEI TECHNOLOGIES CO., LTD
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Patent/intellectual Property / Interim Application for Declaration of RAND Terms and Interim Licence Payment
Outcome
Interim payment ordered at mid-point between parties’ positions, with interest, covering sales from 2008 to April 2027, including white label and mesh products. Non-refundable amount set at US$12 million, subject to adjustment for white label/mesh figures. Payment to be made directly to Huawei.
Legal Topics
Rand/frand Licensing, Standard Essential Patents, Interim Relief, Interest on Damages, Disclosure, Patent Licensing, Antitrust Compliance
Intellectual Property Competition Law Rand/frand Licensing Standard Essential Patents Interim Relief Interest on Damages Disclosure Patent Licensing +1 more

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Parties

TP-LINK SYSTEMS INC.

Claimant

TP-LINK UK LIMITED

Claimant

HUAWEI TECHNOLOGIES CO., LTD

Defendant

Procedural Posture

Patent/intellectual Property / Interim Application for Declaration of RAND Terms and Interim Licence Payment

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 used to set the interim payment?
  3. 3 Should the interim payment include interest and cover past sales from 2008 or be limited by limitation periods?

Ratio Decidendi

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

Court Disposition

Interim payment ordered at mid-point between parties’ positions, with interest, covering sales from 2008 to April 2027, including white label and mesh products. Non-refundable amount set at US$12 million, subject to adjustment for white label/mesh figures. Payment to be made directly to Huawei.

Orders

  • Parties to calculate interim payment as directed and present at Form of Order hearing.
  • Non-refundable amount set at US$12 million, subject to upward adjustment for white label/mesh products if significant.