UK SEPs Case Law
This section of the SEPs Resource Hub signposts to relevant UK cases concerning SEPs.
滨苍迟谤辞诲耻肠迟颈辞苍听
The Dispute resolution and remedies in SEP licensing guidance explores the types of disputes that may arise during the licensing process of standard essential patents (SEPs) and raises awareness of the services and options available for parties to resolve their disputes. As stated in that guidance, one example of where disputes are resolved is through court litigation. This section of the Resource Hub covers case information on disputes that have been litigated within the UK.听听
UK SEP case law听听
Below is a list of key UK SEP cases with an outline of the SEPs issue(s) dealt with by the UK courts and a link to the full court judgment. More information regarding the SEPs issues that have arisen in UK SEP case law can be found throughout the guidance supplied in the SEPs Resource Hub.
Table of UK SEP cases听听
This is a non-exhaustive list of UK SEP cases. Selected cases below are divided by UK courts and are shown in reverse chronological order:
UK Supreme Court
| Case | Key issues | Link to judgment |
|---|---|---|
| Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another 听听[2020] UKSC 37 |
- Consideration of appropriate forum for determination of a SEP dispute - FRAND terms - Abuse of dominant position - Injunctions听(and prohibitory injunctions) |
UK Court of Appeal
| Case | Key issues | Link to judgment |
|---|---|---|
| Optis Cellular Technology LLC & Ors. v Apple Retail U.K. Limited & Ors. (Trial 鈥淔)鈥� [2022] EWCA Civ 1411 |
- Consideration of ETSI IPR Policy Clause 6.1听(policy wording) - FRAND terms - Undertakings - Injunctions |
|
| Nokia Technologies OY & Anor. v OnePlus Technology (Shenzhen) Co, Ltd & Ors. [2022] EWCA Civ 947 |
- Consideration of appropriate forum for determination of a SEP dispute - FRAND terms - Judicial decision-making - Licences |
|
| TQ Delta LLC v ZyXel Communications UK Limited & anr [2019] EWCA Civ 1277 |
- FRAND terms - Licences |
|
| Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. [2019] EWCA Civ 38 |
- Consideration of appropriate forum for determination of a SEP dispute - Jurisdiction; China - Validity |
|
| Unwired Planet International Ltd & Anor v Huawei Technologies Co Ltd & Anor (Rev 1) [2018] EWCA Civ 2344 (Appealed to the case [2020] UKSC 37) |
- Abuse of dominant position - FRAND terms; determination (consideration of non-discrimination) - Injunctions |
England and Wales High Court of Justice
| Case | Key issue | Link to judgment |
|---|---|---|
| Lenovo Group Limited & Ors v Ericsson & Ors [2024] EWHC 846 (Ch) |
- Consideration of appropriate forum for determination of a SEP dispute - Jurisdiction; Service out of jurisdiction |
|
| Lenovo Group Limited & Ors v InterDigital Technology Corporation & Ors听 [2024] EWHC 596 (Ch) |
- FRAND terms - Interim declarations - Foreign proceedings; Germany - Stay of proceedings |
|
| Nokia Technologies Oy & Anor v OnePlus Technology (Shenzhen) Co, Ltd & Ors [2023] EWHC 1912 (Pat) |
- Abuse of dominant position - FRAND terms - Jurisdiction China; Foreign law; Foreign proceedings - Undertakings - Injunction |
|
| Interdigital Technology Corporation v Lenovo Group Limited [2023] EWHC 539 (Pat) |
- FRAND terms - Injunctions - Licences |
|
| Koninklijke Philips N.V. v Guangdong Oppo Mobile Telecommunications Corp, Ltd & Ors. [2022] EWHC 1703 (Pat) |
- Patent infringement - FRAND terms - Anti-suit injunction |
|
| Kigen (UK) Limited v Thales Dis France SA [2022] EWHC 2846 (Pat) |
- FRAND terms - Licences - Case management - Stay of proceedings |
|
| Optis Cellular Technology LLC v Apple Retail UK Ltd (Trial 鈥淔鈥�) [2021] EWHC 2564 (Pat) (Appealed to case [2022] EWCA Civ 1411) |
- Consideration of ETSI IPR Policy Clause 6.1 - FRAND terms - Abuse of a dominant position - Injunctions |
|
| Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (Appealed to case [2018] EWCA Civ 2344) |
- FRAND terms - Abuse of dominant position - Final Injunctions - Declarations |
|
| Conversant v Huawei and ZTE [2018] EWHC 2549 (Ch) |
- Patent infringement - Anti-suit injunction |
Global SEP litigation听
SEP litigation can occur globally, with multiple global jurisdictions hearing and issuing decisions on SEP disputes.听听
More case information on global SEP dispute cases can be found using WIPO Lex is a free online source which provides access to legal information on intellectual property from around the world. Please note not all global SEP dispute cases will be hosted on WIPO Lex.听听
For further queries about WIPO Lex please refer to, 听
Disclaimer听
This UK SEPs case law information is for guidance purposes only. It does not constitute legal, business, financial or other professional advice and should not be relied upon when taking IP related, business, legal or other decisions. The IPO is not responsible for the use that might be made of this information. Appropriate professional advice should be sought. This UK SEPs case law resource is not a substitute for proper legal advice. Every effort is made to ensure that the information provided is accurate and up to date as at the time of publication, but no legal responsibility is accepted for any errors or omissions (including on third party websites and material signposted above).
The IPO provides guidance on how to find Specialist and Legal IP Support:听