Unwired Planet v Huawei: UK Supreme Court Confirms that English Courts can Determine Global FRAND terms

The UK Supreme Court has upheld the landmark judgement by Birss J in 2017 that an English court can grant an injunction to restrain infringement of declared standard essential UK patents, with a proviso that the injunction would cease to have effect if the defendant entered into the FRAND licence settled by the English court. Also upheld by the UK Supreme Court was the finding by Birss J that, in the circumstances, the FRAND licence would necessarily be a global (worldwide) licence, not a licence only in respect of the UK patents.

Please see the J A Kemp briefing for further information and insights.