NIPC Law

Jane Lambert A question that I have been asked more than once is "What exactly does a FRAND licence look like?" Before the Supreme Court handed down its decision on 26 Aug 2020 I could say: "Let's wait for the Supreme Court's judgment,"  The Supreme Court did not answer that question in its judgment though it has given some guidance.  I shall discuss this topic in my talk on 3 Sept 2020.  If you want to take part in the conversation, register here. The starting point is to look at the draft agreement between (1) Unwired Planet Limited Liability Company and (2) Unwired Planet International LimitedandHuawei Technologies Co., Ltd.Huawei Technologies (UK) Co., Ltd. at the end of the judgment of Mr Justice Birss (as he then was) in Unwired Planet International Ltd v Huawei Technologies Co Ltd. and another   [2017] RPC 20, [2017] EWHC 1304 (Pat). The judgment of which that draft agreement forms part has been upheld by the Supreme Court in Unwired ...

By Pawel Wozniak - http://freestocktextures.com/texture/id/690, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18603544 Jane Lambert Chancery Division (HH Judge Hodge QC) Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020) Judge Hodge was disarmingly blunt when he said at paragraph [1] of his judgment in  Frank Schrijver UK Ltd and another v Smart Dry Intl Ltd and others [2020] EWHC 2092 (Ch) (30 July 2020): "This judgment is naturally of considerable interest and concern to the parties to this litigation but it raises no issue of law and will be of no interest to anyone not involved in this case." I don't agree with him.  Cases on the enforcement of Tomlin orders are rare and practitioners can always learn something from them. A Tomlin order is a consent order in which the parties invite the court to stay proceedings on terms set out in a confidential schedule. The schedule ...