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

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