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)
- Practical steps to be taken? (28.36)
- Discussion & Questions (30.57)
If this webinar raises any further questions, please do not hesitate to get in touch, our lawyers will be delighted to answer any questions you may have regarding the judgment.