UK Court Rules Huawei/Samsung Infringe SEP Patent

Attached is the November 23, 2015 decision in Unwired Planet v Huawei and Samsung, which was heard in the England and Wales High Court (Patents), [2015] EWHC 3366 (Pat).   In this case, Mr. Justice Birss held that the asserted patent is valid and is infringed by wireless telecommunication networks which operate in accordance with the relevant LTE standard. Thus patent EP (UK) 2 229 744 “Method and arrangement in a wireless communication network” claimed a priority date of January 8, 2008, based on a US application US 61/019,746.

These patents in suit had apparently been acquired by Unwired Planet from Ericsson, and this is the first case involving these patents.  It was advanced by Unwired Planet that the patent in this decision was essential to an LTE standard, and that accordingly it was infringed through compliance with that standard in devices produced by Samsung and Huawei.  Further technical trials in relation to five other patents from this portfolio are set for 2016.  A non-technical trial to determine FRAND and competition issues is also scheduled to take place following the conclusion of the technical trials.

A more detail analysis is found on the website of Carpmaels & Ransford.

 

 

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