First published on EP Law on 9 July 2019
- http://eplaw.org/uk-conversant-v-huawei-zte-frand/
Background
This judgment represents one of the technical trials in the
dispute between Conversant (Claimant) and Huawei and ZTE (together
the Defendants). The wider case relates to an ongoing dispute
regarding what is a FRAND (Fair, Reasonable and Non-Discriminatory)
licence for alleged SEPs (Standard Essential Patents).
Previously (Huawei Technologies Co. Ltd v Conversant Wireless
Licensing SARL [2018] EWHC 808 (Pat)), the Court of Appeal held
that a global licence was FRAND and, although they could not impose
the licence on the Defendants, they could injunct the Defendant if
the terms of the licence were not accepted. The Defendants have
challenged the UK Court's jurisdiction to determine a global,
rather than UK only, FRAND licence and have appealed to the Supreme
Court (expected October 2019).
