Unwired Planet v Huawei: A Seminal SEP/FRAND decision from the UK

With its decision in Unwired Planet (UWP) v Huawei, Birss J has not only handed down the first major ruling on SEP/FRAND issues in England but also decided a case that poses a number of key questions in this area of the law. Well aware of this, he has drafted a thorough and extensive opinion that is likely to have a considerable impact on the development of EU law and beyond.1Inter alia, the decision discusses the legal nature of an ETSI FRAND declaration; the question whether "FRAND" is a range or a single set of licensing conditions; the procedural component of FRAND; the existence of a qualified "unFRANDliness"-threshold below which competition law is not triggered; the sequencing of negotiation and litigation over FRAND licences; hard-edged vs. softedged discrimination; the role of "comparables" for calculating FRAND; and the anti-competitiveness of offering a mixed portfolio of SEPs and non-SEPs.