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Unwired Planet v Huawei - UK court sets FRAND rates

Ian Karet et al., Linklaters Publications, April 2017

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On 5 April 2017, the UK Patents Court gave judgment in the long-running litigation between Unwired Planet and Huawei on Unwired Planet’s commitment to grant licences to its standards essential patents (“SEPs”) on fair, reasonable and non-discriminatory (“FRAND”) terms. This is the first decision in the EU in which a court has substantively determined FRAND royalties and licence terms, and the first UK decision on competition law relating to SEPs since the CJEU’s decision in Huawei v ZTE (Case C-170/13).

The judgment is substantial and provides food for thought for both implementers and patentees.

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