Unwired Planet wins first of five patent trials against Samsung and Huawei

Licensing company Unwired Planet has scored a double victory at the English High Court after it ruled that one of the company’s 4G standard-essential patents (SEPs) is valid and was infringed by Samsung and Huawei.

Mr Justice Birss handed down his judgment today, November 23.

The judgment is the conclusion of the first of five trials concerning the validity and any scope of infringement of Unwired’s five European SEPs, as well as a non-SEP, by Samsung and Huawei

Samsung and Huawei argue that the patents are invalid.

A sixth trial determining whether Unwired breached European anti-competition law is due to start on October 16, 2016. Samsung and Huawei complained that Unwired abused its dominant market position by failing to license the SEPs on fair, reasonable and non-discriminatory (FRAND) terms.

The five disputed SEPs were acquired by Unwired from Ericsson under a master sale agreement in January 2013. Unwired sued both Samsung and Huawei in March 2014 for allegedly infringing the six patents.

Noah Mesel, general counsel at Unwired Planet, said he was delighted with today’s decision and “expects that the six trials will make important contributions to a significant and growing body of law in Europe clarifying how standard-essential patents should be evaluated and what FRAND really means”.

Gary Moss, head of EIP Legal and representing Unwired Planet, said the decision was a vindication of the UK as a jurisdiction in which to “litigate commercially important patents”.

A spokesperson for Huawei told WIPR it was disappointed with and will appeal against the ruling.

The next trial is due to begin on November 30.