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
Countries should break IP rules to ensure growth, says report
23 February 2018 | London | Reporter: Barney Dixon
Countries such as India and China should break harmonised intellectual property rules to avoid protectionist measures from the US and EU, according to a new report from Gowling WLG
EPO employment proposal halted
22 February 2018 | Munich | Reporter: Barney Dixon
A proposal to scrap permanent employment contracts at the EPO has been halted and a controversial article within it withdrawn, a source close to the Staff Union of the EPO has confirmed
UPC complaint to be heard in 2018
22 February 2018 | Karlsruhe | Reporter: Barney Dixon
The German Federal Constitutional Court will hear the constitutional complaint against the UPC in 2018
Cabinet Plasseraud promotes four to partner
21 February 2018 | Paris | Reporter: Barney Dixon
Cabinet Plasseraud has appointed for intellectual property attorneys to partner
NPE litigation in Europe sees continued growth
20 February 2018 | Brussels | Reporter: Barney Dixon
NPE litigation and enforcement in Europe has increased by an average almost 20 percent year-on-year since 2007, according to a new report from Darts-IP
BakerHostetler hires IP partner
19 February 2018 | Los Angeles | Reporter: Barney Dixon
BakerHostetler has hired Troy Schmelzer as partner in its intellectual property group
Sheppard, Mullin, Richter & Hampton promotes four to partner
16 February 2018 | California | Reporter: Barney Dixon
Sheppard, Mullin, Richter & Hampton has promoted four intellectual property attorneys to partner across its Shanghai, San Diego and San Francisco offices