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Court of Appeal Furthers the UK's Bid to be the SEPs Capital of Europe.

Authors :
Flett, Emma
Patten, John
Source :
European Intellectual Property Review; 2019, Vol. 41 Issue 6, p385-387, 3p
Publication Year :
2019

Abstract

On 30 January 2019, the English Court of Appeal handed down judgment in Conversant Wireless Licensing Sari v Huawei Technologies, essentially reiterating its 2018 judgment in Unwired Planet v Huawei, that standard-essential patent (SEP) holders may, under certain circumstances, use the English courts to obtain a licence against would-be infringers on fair, reasonable and non-discriminatory (FRAND) terms which covers the SEP-holders' global SEP portfolio (although which only has binding applicability and enforceability in relation to UK SEPs). This latest decision develops the English courts 'position with regard to the issue o/forum conveniens in UK patent infringement, invalidity and essentiality litigation, emphasising their willingness to accept jurisdiction to determine global FRAND rates and licence terms regardless of the magnitude of the nexus to the UK market. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
01420461
Volume :
41
Issue :
6
Database :
Supplemental Index
Journal :
European Intellectual Property Review
Publication Type :
Academic Journal
Accession number :
136819607