Jurisdictional tussling: the UK is open for business on FRAND

The recent Supreme Court decision in Unwired Planet v Huawei answered many important questions about the UK court’s approach to FRAND disputes. However, it also left areas of uncertainty, particularly on the issue of jurisdiction. The High Court decision in Philips v TCL ([2020] EWHC 2553 (Ch)), handed down around a month after the Supreme Court’s judgment, confirms that the UK will take an expansive approach to its jurisdiction to determine FRAND licence terms. Read more

FRAND patent licensing: Supreme Court stays the course

Andrew Moir and David Webb have today published an article about the recent Supreme Court FRAND decision in Unwired Planet in PLC Magazine. This article first appeared in the October 2020 issue of PLC Magazine. The article analyses the Supreme Court’s judgment, which provides welcome guidance on the UK’s approach to FRAND licensing, much of … Read more

UK Supreme Court stays the course in Unwired Planet and Conversant – confirming the approach to FRAND adopted by the lower courts

On 26 August 2020 the UK Supreme Court handed down judgment in Unwired Planet v Huawei [2018] EWCA Civ 2344 (the “Unwired Planet Appeal”) and Conversant v Huawei and ZTE [2019] EWCA Civ 38 (the “Conversant Appeal”). The Unwired Planet Appeal concerned the courts’ jurisdiction to determine global FRAND (Fair, Reasonable And Non-Discriminatory) licence terms, the … Read more

UK Supreme Court hands down judgment in Unwired Planet

The UK Supreme Court has this morning handed down judgment in the much anticipated FRAND case of Unwired Planet v Huawei [2018] EWCA Civ 2344, as well as Conversant v Huawei and ZTE [2019] EWCA Civ 38, which was heard alongside Unwired Planet. Read more

Tech Disputes webinar series (Episode 1: FRAND 2.0 – licensing in a world of new standards)

In this webinar we will focus on some of the practical guidance issued by the courts as to how to approach FRAND negotiations, focussing on Germany, France and the UK. What should prospective licensors and licensees do differently this time for forthcoming licensing negotiations on new standards? Are we in a better position now to avoid some of the previous challenges, such as patent hold-up and hold-out? Read more

Herbert Smith Freehills’ IP Podcasts – Episode 5: Collaborating with Third Parties – IP Considerations

Collaborating with a third party can bring with it numerous benefits. Parties can work to their own strengths, share experience, and venture into new markets or territories, while sharing costs and risks. However, there are a multitude of legal considerations which need to be considered, both at the outset and as the collaboration progresses. In episode 5 of our podcast series, Joel Smith and Jessica Welborn discuss some of the key IP considerations surrounding collaboration agreements.  Read more

COVID-19: Pressure Points: The UK Government confirms that it will indemnify ventilator manufacturers against IP infringement claims

The UK Government has issued an indemnity in relation to claims brought against the manufacturers of new ventilators produced to deal with the COVID-19 pandemic in the UK as part of the Government’s campaign for rapidly manufactured ventilator systems (RMVS).  A letter from Michael Gove MP to the Chair of the Public Accounts Committee (3 April) confirms … Read more

COVID-19: Pressure Points: A Catalyst for Collaboration (Global)

As COVID-19 infiltrates every aspect of our daily lives and the world races to respond and to address the pandemic, there is a consistent theme which offers all of us hope. Collaboration. To combat the outbreak, we have seen the emergence of large numbers of companies joining to pool their resources and to cross-share their valuable know-how. Read more