Frand for All, or Just Some?

Abstract

Following the Supreme Court’s affirmation of the decision in the Court of Appeal in Unwired Planet v. Huawei, it is clear that where the UK Courts are seized with an action of this type, they have the discretion and the power to determine the terms of a global license that they consider to be “fair, reasonable and non-discriminatory” (FRAND). Debate continues as to the likely longer-term effects of the Unwired Planet decision and the effect it will have on both Standard Essential Patent (SEP”) holders and those using technology covered by SEPs, particularly in relation to whether the balance of power has shifted in favor of SEP holders or users of such technology in light of this decision.

Keywords: FRAND, Unwired Planet, Huawei, UK courts, Standard essential Patent, SEP