05 April 2017
London
Reporter: Barney Dixon

Unwired Planet wins twice in one week


The UK High Court has ruled in favour of Unwired Planet in litigation against Huawei involving standard essential patents (SEPs).

Unwired Planet’s case revolved around its standard essential patents for mobile telecommunications, which it has committed to licensing under fair, reasonable and non-discriminatory terms.

The court ruled that if Huawei doesn’t agree to enter into a licensing agreement with Unwired for its patent portfolio, it could be enjoined from selling its mobile phones in the UK.

Gary Moss, head of EIP Legal, which represented Unwired in its UK case, said: “As well as being a significant decision, and validation for Unwired Planet’s licensing approach, this decision will be of great interest to the telecoms sector in general.”

“Until now there has been a view that even if the infringing party is successfully sued, at the end of the day they would have to pay no more than the royalty rate they would have had to pay anyway, and only for the countries in which they were sued. That gave an incentive for implementers to hold out in the hope of achieving a more favourable royalty rate.”

He added: “Today’s judgement confirms that this need not be the case, and that the English court will take a commercially sensible, ‘real-world’ approach to such issues.”

Meanwhile, in another win for Unwired Planet, the US Court of Appeals for the Federal Circuit has denied Google’s petition for an en banc rehearing in its covered business method review against Unwired Planet’s patent.

Last year, the Federal Circuit vacated the US Patent Trial and Appeal Board’s final written to decision to invalidate Unwired Planet’s business method patent.

The court ruled that the board’s application of “incidental to” and “complementary to” from a US Patent and Trademark Office policy statement instead of the statutory definition “rendered superfluous” the limits Congress placed on the definition of a covered business method patent.

The America Invents Act describes a CBM patent as “a patent that claims a method or corresponding apparatus for performing data processing or other operations used in practice, administration, or management of a financial product or service, except that the term does not include patents for technological inventions”.

Yesterday (4 April), the Federal Circuit dismissed a rehearing as unnecessary because the en banc court is set to “revisit the scope of an analogous bar on judicial review from inter partes proceedings” in Wi-Fi One v Broadcom Corp.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Universities should be more flexible
18 August 2017 | London | Reporter: Barney Dixon
Perceived barriers could potentially be torn down by the Aarhus University’s proposed ‘patent free’ research zone, but academia should not be wedded to a single solution, according to Sean Jauss, partner at Mewburn Ellis
Ericsson sues Wiko over standard-essential patents
17 August 2017 | Stockholm | Reporter: Barney Dixon
Ericsson has sued smartphone maker Wiko for infringement of standard-essential patents for 2G, 3G and 4G technology
Ropes & Gray hires leading PTAB litigator
16 August 2017 | Washington DC | Reporter: Barney Dixon
Ropes & Gray has recruited leading US Patent Trial and Appeal Board litigator Scott McKeown
Trump fires forward in China IP investigation
15 August 2017 | Washington DC | Reporter: Barney Dixon
US President Donald Trump has signed a memorandum asking the US Trade Representative to examine whether China should be investigated for alleged intellectual property malpractice
Nintendo Switch ‘infringes’ Gamevice patent
14 August 2017 | California | Reporter: Barney Dixon
Handheld game controller company Gamevice claimed that the Nintendo Switch infringes its 2015 patent for a slip-on game controller used with a smartphone or tablet
BPO takes radical approach to patent backlog
14 August 2017 | Brasília | Reporter: Barney Dixon
The Brazilian Patent Office has published a proposal that intends to eliminate patentability analysis
Sanofi sues Merck for patent infringement
11 August 2017 | New Jersey | Reporter: Barney Dixon
Sanofi has filed a lawsuit against Merck Sharp & Dohme Corp, alleging infringement of two patents for a diabetes drug