Unwired Planet International Ltd v Huawei Technologies Co Ltd and others

Practice – Summary judgment. The claimant company owned patents related to telecommunications, many of which were essential to various standards (SEPs), including 2G, 3G and 4G standards. It brought proceedings against the defendants, including Huawei, Samsung and Google, alleging infringement of its patents. The defendants denied infringement of the claimant's patents and contended that the claimant had breached competition law by bringing proceedings and seeking injunctive relief. Huawei applied for summary judgment and/or strike out of the claim on the basis that licensing offers by the claimant were not compliant with its FRAND obligation, as alleged, and that that part of its claim could be struck out. The Patents Court, dismissing the application, held that none of the issues could be decided by summary judgment as to the facts. The claimant had a real prospect of success in defending all the various points arising on the summary judgment application.

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