Unwired Planet v Huawei & Samsung – one all

February 2016

The second Judgment in the on-going dispute between Unwired Planet and Huawei & Samsung ([2016] EWHC 94 (Pat)) has been decided against Unwired Planet.  Both Unwired Planet’s patents, EP 2 119 287 (287) and EP 2 485 514 (514), both entitled "Self configuring and optimisation of cell neighbours in wireless telecommunications networks", were found to be obvious and have been revoked.

The patents had been declared as essential to the LTE 4G telecommunications system.  Unwired Planet alleged that Huawei and Samsung infringed the patents by manufacturing and selling equipment that operated in accordance with the LTE standard specified in 3GPP TS 36.300.  Unwired Planet contended that the patents were essential to the standard and, therefore, Huawei and Samsung's compliance with the standard meant they infringed.  Had any claim been held to be valid, then there was no dispute that it would have been infringed and essential to the standard.

There are three further technical trials on patent validity and infringement listed, along with the sixth non-technical trial encompassing competition and FRAND (i.e., fair, reasonable and non-discriminatory) issues. 

This update was prepared by Rachel Fetches, Partner in our London office.

If you would like further advice on this or any other matter please contact Rachel or your usual HGF representative or visit our Contact page to get in touch with your nearest HGF office.