Unwired Planet International Limited v Huawei Technologies Co. Limited et al, High Court of Justice, Patents Court, London, UK, 21 July 2015, Case No.  EWHC 2097 (Pat)
This is an interim judgment in the ongoing dispute between Unwired Planet, Huawei and Samsung relating to various patents which are declared to be standard essential (SEPs) and which were acquired by Unwired Planet from Ericsson. In this interim judgment, Birss J struck out arguments brought by Samsung that Ericsson had breached Article 101 TFEU by not ensuring the transfer of an effective FRAND obligation to Unwired Planet in relation to these patents. However, he allowed arguments relating to other alleged breaches of Article 101 to proceed to trial, on the basis that they might have a real prospect of success.
Samsung contended that Ericsson and Unwired Planet had breached Article 101 TFEU in three ways. First, there was a failure to ensure the complete, proper and effective transfer of an enforceable FRAND obligation. Second, by dividing Ericsson’s patent portfolio into two parts (some staying with Ericsson, the rest being transferred to Unwired Planet) in the way that it did, a breach of competition law had taken place in that unfair higher royalties would be earned and competition would be restricted or distorted. Third, certain terms in the sale agreement between Ericsson and Unwired Planet were infringements of Article 101.