28 Sept 2017
An article looking in detail at the key IP licensing aspects emerging from the High Court’s judgments in the Unwired Planet v Huawei FRAND litigation
In April and June two notable judgments in the Unwired Planet litigation emerged from the High Court dealing with FRAND (fair reasonable and non-discriminatory) patent licensing of standard essential patents.
The case:
In our second of two articles on this landmark case, we look in detail at the methods involved in arriving at a FRAND royalty rate, a review of what other types of clauses are likely to be regarded as FRAND and the remedies available to patent owners if negotiations fail. The case includes some interesting comments that are likely to be relevant to the calculation of royalties for patent damages in a wide variety of cases and on the sort of terms a court is likely to be sympathetic to in patent licences.
Our article considering the significance and wider implications of the case, including the impact of the judgment on competition law defences can be found here.
This material is provided for general information only. It does not constitute legal or other professional advice.
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