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
Businesses should prepare for UPC, despite uncertainty
17 October 2017 | London | Reporter: Barney Dixon
Businesses should make preparations for the Unified Patent Court and unitary patent, despite mounting uncertainty surrounding when, if at all, the court will come into effect
Patent ‘irrationality’ causes a negative image of patents
16 October 2017 | London | Reporter: Barney Dixon
Spectators are far more accepting of copyright and trademarks than they are of patents because of “irrationality”, according to Sir Robin Jacob
Partner promotions at White & Case
13 October 2017 | New York | Reporter: Barney Dixon
White & Case has promoted 31 new partners, including four intellectual property attorneys, across the US and UK
Qualcomm hit with $775 million fine in Taiwan
13 October 2017 | Taipei | Reporter: Barney Dixon
Qualcomm has been hit with a $775 million fine, after the Taiwan Fair Trade Commission found that the chipmaker had abused its position in the baseband chip market
SUEPO willing to work with new EPO president
12 October 2017 | Munich | Reporter: Barney Dixon
A source close to the Staff Union of the European Patent Office has revealed it is always willing to work with whoever is elected to lead the European Patent Office
BPTO and EPO sign PPH cooperation treaty
12 October 2017 | São Paulo | Reporter: Barney Dixon
The Brazilian Patent and Trademark Office and the European Patent Office have signed a cooperation treaty, aimed at the creation of a patent prosecution highway between the two offices
Johnson Controls-Hitachi selects Anaqua
11 October 2017 | Boston | Reporter: Barney Dixon
The joint venture between Johnson Controls and Hitachi Air Conditioning has chosen intellectual property analytics company Anaqua to globalise its IP management systems