Unwired Planet/Huawei: A Seminal SEP/FRAND Decision From the UK

In: GRUR Int, Vol. 66, Issue 7, 2017, pp. 569-579

Max Planck Institute for Innovation & Competition Research Paper No. 17-07

29 Pages Posted: 20 May 2017 Last revised: 19 Sep 2017

See all articles by Peter Georg Picht

Peter Georg Picht

University of Zurich - Institute of Law; Max Planck Institute for Innovation and Competition

Date Written: May 11, 2017

Abstract

With its decision in Unwired Planet (UWP) v. Huawei, Birrs J has not only handed down the first major ruling on SEP/FRAND issues in England but also decided a case that poses a number of questions which are key for this area of the law. Well aware of this, he has drafted a thorough and extensive opinion that is likely to have considerable impact – not only – on the development of EC law. Inter alia, the decision discusses the legal nature of an ETSI FRAND declaration; the question whether “FRAND” is a range or a single set of licensing conditions; the procedural component of FRAND; the existence of a qualified “unFRANDliness”-threshold below which competition law is not triggered; the sequencing of negotiation and litigation over FRAND licences; hard-edged vs. soft-edged discrimination; the role of “Comparables” for calculating FRAND; and the anti-competitiveness of offering a mixed portfolio of SEPs and non-SEPs.

Keywords: Unwired Planet, SEP, FRAND, Non Practicing Entity, SSO, standard-setting, Huawei, ZTE

Suggested Citation

Picht, Peter Georg, Unwired Planet/Huawei: A Seminal SEP/FRAND Decision From the UK (May 11, 2017). In: GRUR Int, Vol. 66, Issue 7, 2017, pp. 569-579; Max Planck Institute for Innovation & Competition Research Paper No. 17-07. Available at SSRN: https://ssrn.com/abstract=2967183

Peter Georg Picht (Contact Author)

University of Zurich - Institute of Law ( email )

Raemistrasse 74/57
Zurich, CH-8001
Switzerland

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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