Unwired Planet International Ltd v Huawei Technologies Co Ltd & Anor [2017] EWHC 1304 (Pat) (07 June 2017)

Unwired Planet International Ltd v Huawei Technologies Co Ltd & Anor [2017] EWHC 1304 (Pat) (07 June 2017)

A FRAND injunction will be granted, to be discharged if Huawei enters into the settled FRAND licence, and stayed pending appeal. Undertakings offered by Huawei are insufficient and too late. Costs are awarded to Unwired Planet as the overall winner, except for the Samsung issues and the FRAND rate issue. Declaratory relief is granted that the settled licence represents the FRAND terms between the parties.

Citation
[2017] EWHC 1304 (Pat)
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 / Post Trial Remedies and Costs Judgment
Outcome
FRAND injunction granted, stayed pending appeal; declaratory relief granted; costs awarded to Unwired Planet with deductions; permission to appeal granted on specified grounds.
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Patent Injunctions, Abuse of Dominance, Costs, Declaratory Relief
Intellectual Property Competition Law Standard Essential Patents (seps) FRAND Licensing Patent Injunctions Abuse of Dominance Costs Declaratory Relief

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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 / Post Trial Remedies and Costs Judgment

Legal Issues

  1. 1 Whether a final injunction should be granted or undertakings accepted in a FRAND SEP case
  2. 2 Appropriate form of injunction in FRAND context
  3. 3 Damages and declaratory relief in light of FRAND findings

Ratio Decidendi

A FRAND injunction will be granted, to be discharged if Huawei enters into the settled FRAND licence, and stayed pending appeal. Undertakings offered by Huawei are insufficient and too late. Costs are awarded to Unwired Planet as the overall winner, except for the Samsung issues and the FRAND rate issue. Declaratory relief is granted that the settled licence represents the FRAND terms between the parties.

Court Disposition

FRAND injunction granted, stayed pending appeal; declaratory relief granted; costs awarded to Unwired Planet with deductions; permission to appeal granted on specified grounds.

Orders

  • A FRAND injunction to restrain infringement, discharged if Huawei enters into the settled FRAND licence, stayed pending appeal.
  • Declaration that the licence annexed to the judgment represents the FRAND terms between the parties.