← All Authorities
United Kingdom patentsinjunctions contractual

Viavi Solutions Inc v TQ Delta LLC

[2020] EWCA Civ 12
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year2020
StatusBinding authority

Summary

Court of Appeal confirmed English courts can determine global FRAND terms for standard-essential patents, and refusal to accept such terms justifies injunctive relief.

Key Principle

FRAND licensing obligations: the Court of Appeal confirmed that the court can determine global FRAND terms for standard-essential patents; refusal to take a FRAND licence makes injunctive relief appropriate.

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 Viavi Solutions Inc v TQ Delta LLC and how it applies to your situation.

Explain Viavi Solutions Inc v TQ Delta...