The UK Supreme Court Judgment in Unwired Planet v Huawei and Conversant v Huawei and ZTE

Global FRAND licensing

16.07.2021

This article was first published in the Journal of Intellectual Property Law & Practice, Volume 00, Issue 0, 15 July 2021.

Companies holding standard essential patents (SEPs) are required to license those patents at a fair, reasonable and non-discriminatory (FRAND) rate. Experts Pat Treacy and Francion Brooks discuss the two separate UK Supreme Court judgments in Unwired Planet v Huawei and Conversant v Huawei and ZTE.

This article will explore:

  • Key findings of the Supreme Court’s judgment with a focus on the central finding that the English courts have jurisdiction, and can properly (without the parties’ agreement): (i) grant an injunction restraining infringement of a UK SEP unless the defendant enters into a global licence under a multinational patent portfolio, (ii) determine the rates and other terms for such a licence, and (iii) declare that such rates and other terms are FRAND
  • Other issues dealt with by the Supreme Court:
    • The proper forum in the circumstances of the Conversant proceedings
    • The meaning and effect of the ‘ND’ component of ‘FRAND’
    • The interpretation of the judgment of the Court of Justice of the European Union (CJEU) in Huawei v ZTE
    • The courts’ equitable discretion over injunctive relief in SEP casee

To read the full article, see the Oxford Academic website.

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Pat Treacy

Author

Francion Brooks

Author

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