Unwired Planet v Huawei: The UK Court of Appeal Upholds FRAND Determination

摘要

Key Points 1. The Court of Appeal of England and Wales upheld the decision of the High Court in Unwired Planet v Huawei. 2. The Court of Appeal confirmed that a global licence may be FRAND, and that the 'ND' limb of the FRAND obligation only requires a SEP holder to offer the FRAND benchmark rate to all licensees. 3. The Court of Appeal also held that it will not necessarily amount to an abuse of dominance if a SEP holder offers below FRAND rates to some licensees (unless it distorts competition) or fails to comply with the negotiation framework set out in Huawei v ZTE. 4. Huawei has sought permission from the Supreme Court of the United Kingdom to appeal the Court of Appeal decision.