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Unwired Planet International Ltd (Claimant) -v-(1) Huawei Technologies Co Ltd (2) Huawei Technologies (Uk) Co Ltd (Defendants) & Unwired Planet Llc (Tenth Party)

Case Summary  |  Judgment  |   7 June 2017

 

Adrian Speck QC, Isabel Jamal and Thomas Jones appeared for the claimant, Unwired Planet, and Andrew Lykiardopoulos QC appeared for the defendant, Huawei, in this hearing which considered remedies, in particular the appropriate form of a “FRAND injunction”, following the Court’s earlier ruling ([2017] EWHC 711 (Pat)) on the terms of a FRAND licence.

Among the issues before the court were whether an injunction was necessary where Huawei had offered undertakings to abide by the terms of the settled FRAND license, and what the correct form of a final injunction should be, in circumstances where the court had settled a FRAND licence but Huawei had not entered into it.

The judge (Birss J) held that a final injunction should be granted, to be stayed pending appeal. A “FRAND injunction” should be in ordinary form, but with the proviso that it would cease to have effect if Huawei entered into the FRAND license the court had earlier determined. Furthermore, either party should be at liberty to apply to the court at the end of the term of the FRAND licence or if the licence ceased to have effect for any other reason.