Unwired Planet International Ltd. v. Huawei Technologies Co. Ltd.
High Court of Justice, Chancery Division
Case No. HP-2014-000005 (2017)
Unwired Planet International Ltd. (Unwired) (plaintiff), which licensed a patent portfolio of standard-essential telecommunications patents on FRAND terms, sued Huawei Technologies Co. Ltd. (Huawei) (defendant) for infringement after the parties disagreed over the proper FRAND royalty rate; each side made competing licensing offers and each claimed its own offer satisfied the FRAND requirement, with Unwired arguing that if both offers were FRAND the patentee's offer should prevail (since a FRAND offer discharges the patentee's obligations, justifying an injunction if the implementer refuses it), while Huawei argued the implementer's offer should instead prevail because the FRAND system exists to benefit implementers by giving them access to patented technology.
Whether, for a given set of circumstances, there can be only one set of fair, reasonable, and non-discriminatory terms.