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SYNTHESIS
Opening Keynote
Marcus Smith
UK’s jurisdiction to set FRAND
- The jurisdiction in the United Kingdom for setting FRAND rates requires a patent infringement to be established in a UK court.
- The remedy for patent infringement is normally specific to the particular patent.
- However, the Unwired Planet case introduced a broader remedy. The remedy extends to potentially invalid or un-infringed patents related to the standard in the UK and even to patents outside the UK jurisdiction.
- The court’s judgement leaves some terms unstated, which will be addressed in the consequential hearing.
- The courts in the UK have been transformed from traditional courts into market makers imposing outcomes when parties cannot agree.