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Unwired Planet v Huawei – is FRAND appealing?

N Cansin Karga Giritli

Keywords: standards; patents; SEP; FRAND; abuse of dominance; licensing; patent valuation

The Court of Appeal delivered its eagerly awaited judgment in the appeal filed against Birss J's judgment in the Unwired Planet v Huawei case on 23 October 2018. Birss J's judgment included an analysis of some of the most controversial issues related to standard essential patents (SEPs) and particularly the fair, reasonable and non-discriminatory (FRAND) concept. The Court of Appeal reviewed these issues and handed down a judgment (together with Birss J's judgment) that has the potential to become a legal foundation for SEP-related disputes in England. It is highly likely that these judgments will also provide a guidance to courts in other jurisdictions and shape the practice in this highly dynamic and developing area. The judgments also represent the English courts’ unbiased view towards SEP owners.

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