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

Human Says No: AI Can’t Be Patent Inventor, Rules High Court Judge

In the latest instalment of the DABUS saga, the UK High Court has dismissed an appeal against the decision of the UK Intellectual Property Office (‘UKIPO’) rejecting the naming of an AI system as inventor on two patent applications. Monday’s judgment was made on the basis that DABUS “is not, and cannot be, an inventor … 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

UKIPO launches ‘AI and IP Call for Views’

The UK Intellectual Property Office has published its call for views on artificial intelligence (‘AI’) and intellectual property (‘IP’). The IPO is interested in understanding the implications that AI might have for IP policy, and vice versa, in the near to medium future. To respond, email AIcallforviews@ipo.gov.uk before 11:45 pm on 30 November 2020. Overview … Read more

The Unified Patent Court – on the move again?

The UPC Preparatory Committee met yesterday (10.9.20) to discuss UK withdrawal and German ratification. It agreed that, on a temporary basis (in order not to delay the start of the UPC system further), Munich and Paris would split the workload London would have taken as the life sciences seat of the central division of the UPC.  Milan looks to be a lead candidate for the location of this seat of the central division in the longer term. 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

Patent and Pharma Update, August 2020

Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this edition we cover landmark judgments from the UK and German Supreme Courts, on sufficiency in the UK and FRAND obligations in Germany. We also cover a significant decision of the CJEU in relation to SPCs in the … Read more

UK’s exit from the UPC now final

On 20 July 2020, the UK officially withdrew its ratification of the Unified Patent Court Agreement. This was expected, following the announcement from the UK Prime Minister’s Office on 28 February 2020 – see our previous post here.  Details can be viewed here on the UPC website. In a written statement in the House of … Read more