← All Authorities
United Kingdom Leading Case patentsimplied termsinjunctions tort

Unwired Planet International Ltd v Huawei Technologies Co Ltd

[2020] UKSC 37
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2020
StatusBinding authority

Summary

A FRAND licensing obligation on SEP holders is contractual; English courts may set a global FRAND rate and grant injunctions against implementers refusing those terms.

Key Principle

The FRAND licensing obligation on standard-essential patent holders creates a contractual obligation; the court can determine a global FRAND licence rate, and injunctive relief is available if the implementer refuses FRAND terms.

Area of Law

ip

Related Cases

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337

Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.

Phonographic Performance Company of Australia Ltd v Commonwealth (2012) 246 CLR 561

Statutory licence scheme for sound recordings validly enacted under constitutional copyright power and did not constitute an unjust acquisition of property.

Roadshow Films Pty Ltd v iiNet Ltd (2012) 248 CLR 42

An ISP that failed to act on infringement notices did not authorise subscribers' copyright infringement via BitTorrent, as it lacked the requisite control over the infringing acts.

Ask CommonBench about this case

Get a detailed analysis of Unwired Planet International Ltd v Huawei Technologies Co Ltd and how it applies to your situation.

Explain Unwired Planet International L...