sutton044

Hear ye, hear ye: the 204th edition of Never Too Late is off the press! Patents The big talk of the week was all about FRAND, specifically Unwired Planet v Huawei :  the Court of Appeal  has upheld  Birss J's  decision  from last April, dismissing all three grounds of appeal. The AmeriKat briefly summarised the findings of the Court in   Court of Appeal reaffirms UK as SEP litigation hotspot in upholding Birss J in Unwired Planet ; Kat friends  Jane Mutimear  and  Richard Vary   provided a deeper analysis in    Much Ado About FRAND: What you need to know about today's Court of Appeal Unwired Planet decision ; and finally the AmeriKat shared that AIPPI is organising the following event :  AIPPI UK Rapid Response Event: Unwired Planet v Huawei - 13 November at 6PM .  In her comment   Lord Kitchin applies the "markedly different" infringement approach in Actavis v Eli Lilly in Icescape v Ice-World , InternKat Rose...

The Court of Appeal bats around global FRAND rates Following this morning's Court of Appeal hand down, patent litigators across the UK and further afield have been analyzing the judgment in Unwired Planet v Huawei [2018] EWCA Civ 2344 .   The AmeriKat was only able to briefly summarize the findings, so had to rely on her friends at Bird & Bird (sounds like dinner to the AmeriKat...) in the form of Jane Mutimear and Richard Vary who expand on the Court of Appeal's findings as follows: "The Court of Appeal handed down judgment in the Unwired Planet v Huawei appeal this morning (23 October 2018).   The bench consisted of Lord Justice Kitchin (now Lord Kitchin since his elevation last month to the Supreme Court), Lord Justice Floyd and Lady Justice Asplin. They handed down a 291 paragraph, 66 page judgment dealing with Huawei's appeal and Unwired Planet's cross-appeal against Birss J's findings Huawei would be subject to an injunction in the UK unless they...

How surprised were you about the Court of Appeal's decision? For those of you who haven't been eagerly awaiting today's decision from the Court of Appeal in the Unwired Planet v Huawei appeal , let the AmeriKat surprise you with this bit of news - the Court of Appeal has upheld Birss J's decision  from last April.  In dismissing all three grounds of appeal, the Court of Appeal in Unwired Planet v Huawei [2018] EWCA Civ 2344    (with Lord Kitchin giving the lead judgment) held that: 1 .   Birss J was entitled to find that, in all the circumstances, only a global licence would be FRAND (see [129]). 2.   Huawei's appeal on the non-discriminatory element of FRAND failed.  Huawei argued that the licence offered to them did not meet the ND criteria because the global royalty rate offered to them was much higher than that contained in global licence granted to Samsung, but the Court of Appeal held that the offer was non-discriminatory (see [207]); 3...

The AmeriKat reading the  Court of Appeal judgment The AmeriKat frequently prowls the Daily Cause List ( the list of scheduled hearings and decisions in the English Courts) searching for interesting IP hearings and decisions being handed down.  Although the Unwired Planet appeal hearing was in May, no sign of the Court of Appeal's decision was appearing in the Daily Cause List.  The overheated English summer saw no sign.  Nor did the first windy days of the new Court term.  But then, there it was.  On Friday afternoon, it appeared on the AmeriKat's screen as follows: TUESDAY, 23 OCTOBER, 2018 in COURT 74, at 10.30, Judgment will be given in the following: APPEAL From The Chancery Division Patents Court FINAL DECISIONS A3/2017/1784 Unwired Planet International Limited and anr -v- Huawei Technologies Co. Limited and anr. This will be an important decision for global FRAND/SEP litigation and strategy (see previous reports here ).  One of the key issue...