Published: 2/24/16
Publication: IAM
The UK Patents Court recently handed down judgment in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers.
Facts
Unwired Planet asserted six of its European patents, which were acquired from Ericsson, in both the United Kingdom and Germany. Unwired Planet believed that this was necessary to “expedite ongoing licensing negotiations” and the UK and German courts were chosen by Unwired Planet due to these courts being “a well-respected forum for resolving intellectual property disputes”. Infringement and validity are normally heard together in technical trials in the United Kingdom, while the German courts have a bifurcated system which means that infringement and validity are heard in separate proceedings. After the technical trials have been completed in the United Kingdom – assuming that the proceedings continue – there will be a fair, reasonable and non-discriminatory (FRAND) trial to decide on the licensing dispute.