Unwired Planet v Huawei Supreme Court judgment webinar

29 September 2020

On 26 August, the long awaited Unwired Planet v Huawei judgment was handed down by the UK Supreme Court. This is one of the most important high-tech patent cases in recent times and will shape how FRAND and SEP litigation and licensing is conducted both in the UK and further afield.

Our litigation experts at Marks & Clerk hosted a live webinar on 23 September 2020 providing background to the proceedings followed by a panel discussion and Q&A's. 

The webinar covers:

• The Background to the Proceedings (2.33)

Key Issues / Questions raised by the judgment:

• Can UK Courts grant an injunction to restrain infringement of a UK SEP if infringer refuses to enter into a global portfolio licence? (5.45)
• Is the UK the correct forum for this dispute in circumstances where the UK market is small in terms of worldwide sales compared to, e.g., China? (12.48)
• How does the court interpret the requirement of “Non-Discrimination” in FRAND and does this require granting all parties terms equivalent to the most favourable terms granted to similar licensees? (18.23)
• FRAND Defence & abuse of a dominant position - how should parties conduct themselves in negotiation? Is the Huawei v ZTE framework mandatory? (23.54)

And,

• Practical steps to be taken? (28.36)
• Discussion & Questions (30.57)