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Global Markets, Competition, and FRAND Royalties: The Many Implications of Unwired Planet v. Huawei

16 Antitrust Source 17(1) (Aug. 2017)

University of Utah College of Law Research Paper No. 227

14 Pages Posted: 15 Aug 2017 Last revised: 17 Oct 2017

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: August 12, 2017

Abstract

The recent UK decision in Unwired Planet v. Huawei addresses, for the first time, several key issues arising from the international nature of SEP licensing transactions and the manner in which national court decisions can impact global business and litigation strategies. The court's analysis is deeply rooted in competition law principles, often at the expense of the contractual underpinnings of the FRAND commitment. Most importantly, the court's willingness to establish global license terms covering patents outside the UK has serious implications for international commercial litigation and licensing transactions.

Keywords: FRAND, SEP, Standards, Patent, Unwired Planet, Nondiscrimination

JEL Classification: K00, K21, L94, O34

Suggested Citation

Contreras, Jorge L., Global Markets, Competition, and FRAND Royalties: The Many Implications of Unwired Planet v. Huawei (August 12, 2017). 16 Antitrust Source 17(1) (Aug. 2017); University of Utah College of Law Research Paper No. 227. Available at SSRN: https://ssrn.com/abstract=3017850

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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