More Certainty for FRAND Licensing? The English High Court’s Judgment in Unwired Planet v. Huawei


This article was first published in WK Law & Business Licensing Journal, June/July 2017
In March 2014, Unwired Planet (Unwired) sued Huawei, Samsung, and Google for infringement of six of its UK patents. Five of these were SEPs that Unwired had acquired from Ericsson, relating to each of the three main mobile telecommunications standards (2G/GSM, 3G/UMTS, and 4G/LTE).
A number of technical trials were listed to consider the validity and infringement of the patents at issue;these resulted in the revocation of some of Unwired’s patents, but two patents were also upheld as valid and standard essential.
This crystallized the need for a “non-technical” trial to consider the competition law and FRAND issues between Unwired and Huawei (the only remaining defendant, Google and Samsung having settled with Unwired during the two and a half year long proceedings).
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