The UK Court of Appeal allows appeal from UK Patents Court decision on competition law arguments in a FRAND dispute in relation to standard essential patents (Unwired Planet / Huawei / Samsung / Ericsson)

Unwired Planet v Huawei & Samsung: Samsung Given Permission To Appeal Strike Out* Summary Unwired Planet asserts that Samsung and Huawei have infringed several 'standard essential patents' (SEPs) relevant to mobile telecommunications standards. Samsung and Huawei have defended the claims based (in part) upon allegations that Unwired Planet has breached competition law. In July 2015, Birss J allowed an application by Ericsson (aligned with Unwired Planet) to strike out Samsung's allegation that in transferring patents from Ericsson to Unwired Planet, there was a failure to ensure the complete, proper and effective transfer of an enforceable FRAND obligation. Birss J's decision in Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors [2015] EWHC 2097 (Pat) (21

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  • Taylor Wessing (London)

Quotation

Tom Foster, The UK Court of Appeal allows appeal from UK Patents Court decision on competition law arguments in a FRAND dispute in relation to standard essential patents (Unwired Planet / Huawei / Samsung / Ericsson), 21 July 2015, e-Competitions Intellectual property, Art. N° 81686

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