Published: November 2, 2017
Publisher: Lexology
“In his latest decision in the Unwired Planet v Huawei case, Mr Justice Birss has provided guidance on the nature and scope of remedies available to Standard Essential Patent (SEP) owners in the UK, including availability of a new type of injunction called a “FRAND injunction”. This decision followed his earlier judgment involving the same parties in which he dealt with the issues of Fair, Reasonable and Non-Discriminatory (FRAND) royalty terms and abuse of dominant position by a SEP owner (the “FRAND Judgment”). These decisions demonstrate that UK Courts continue to be at the forefront in developing jurisprudence relating to FRAND terms and the availability of remedies where an SEP is found to be valid, essential and infringed.”