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Unwired Planet International Ltd. v. Huawei Technologies Co.

[2018] EWCA (Civ) 2344 (2018)

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Unwired Planet International Ltd. v. Huawei Technologies Co.

England and Wales Court of Appeal

[2018] EWCA (Civ) 2344 (2018)

Facts

Unwired Planet International Limited (UPI) (plaintiff) owned five patents that it declared to be standard-essential patents (SEPs), or patents that are essential to the implementation of a telecommunication standard. These patents were part of a worldwide portfolio. Huawei Technologies Company Limited (Huawei) (defendant) refused to agree to a global license for use of the patents offered by UPI. UPI contended that the license offered to Huawei was fair, reasonable, and non-discriminatory (FRAND). UPI sued Huawei in the England and Wales High Court of Justice for patent infringement and asked the court to enjoin Huawei from further infringement of the patents. The court found that UPI’s global license was FRAND and granted the injunction against Huawei. Huawei appealed, arguing that a court in one country may not decide whether a global license that sets rates for countries outside of that court’s jurisdiction is a FRAND license.

Rule of Law

Issue

Holding and Reasoning (Kitchin, J.)

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