Unwired Planet v Huawei is the first case decided in the EU which
comprehensively deals with FRAND related issues and competition concerns in
disputes involving standard essential patent (SEP) licensing. In the process, it deals
with previously unresolved issues. As per this decision, there can only be one set of
terms which are FRAND. The manner in which the court has proceeded with the
ambitious task of determining a global FRAND royalty rate sets out a methodological
approach towards the same. An injunction may be granted in case of
infringement by the implementer and its subsequent refusal to accept a licence
determined to be FRAND by the court. The court also dealt with allegations of
abuse of dominance against the SEP holder.

EB00000004263K

Available

• Substantial determination of FRAND licence terms and competition issues by UK high court Unwired Planet International Ltd v (1) Huawei Technologies Co. Ltd (2) Huawei Technologies (UK) Co. Ltd. High Court of England and Wales, [2017] EWHC 711 (Pat)