Jurisdiction in FRAND cases – Annotation to the judgment Unwired Planet / Huawei

4 January 2021

For the legal journal Berichten Industriële Eigendom (Messages Intellectual Property), Gaëlle Béquet wrote an annotation to the landmark judgment of 26 August 2020 of the UK Supreme Court in the proceedings started by Unwired Planet against Huawei and by Conversant against Huawei and ZTE.

The Supreme Court finds that the English courts have jurisdiction to grant an injunction based on an SEP unless the SEP implementer enters into a global license of a multinational SEP portfolio. The contractual arrangements that ETSI has created under its IPR Policy give the English courts jurisdiction to determine the terms of such a license.

This annotation addresses the question of jurisdiction in FRAND cases in the UK as well as in the Netherlands. Read here the English text of the judgment and the Dutch annotation.