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ARTICLE · 01 FEBRUARY 2018

Patent Litigation And Remedies

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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In a landmark decision in the telecoms licensing battle between Unwired Planet and Huawei, Birss J has set what he considers to be a FRAND (Fair, Reasonable and Non-Discriminatory) ...

European UnionIntellectual Property
Cassandra Hill
Cassandra Hill
Nina O'Sullivan
Nina O'Sullivan
Natasha Pearman
Natasha Pearman
David Rose
David Rose

Patents Court sets FRAND royalty and grants first FRAND injunction

In a landmark decision in the telecoms licensing battle between Unwired Planet and Huawei, Birss J has set what he considers to be a FRAND (Fair, Reasonable and Non-Discriminatory) rate for a licence, having decided that the parties' respective offers and counter-offers were not FRAND.

In particular, given the nature of the Unwired Planet portfolio and the multinational licensee status of Huawei, he concluded that a worldwide licence would be FRAND. Given the finding of infringement/essentiality/validity, and that Huawei was only prepared to engage with a UK portfolio licence, he subsequently ordered a 'FRAND injunction' against Huawei (stayed pending appeal).

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