FRAND - Mitsubishi Electric Corporation v Oneplus Technology
Author Dori Public Domain Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Mellor) Mitsubishi Electric Corporation v Oneplus Technology (Shenzhen) Co, Ltd and others [2021] EWHC 1048 (Pat) (26 April 2021) This was a trial to determine whether European patent (UK) 1925142B1 is essential to version 10.0.0 and all subsequent versions of TS36.322 of the 4th generation 3GPP Long-Term Evolution (“LTE’) standard. The registered proprietor of the patent is SISVEL International S.A which is the second claimant in these proceedings. The proceedings are part of a wider dispute as to whether the defendants should take a licence from the first claimant's patent pool ("MCP pool") on fair, reasonable and non-discriminatory ("FRAND") terms. As is often the case in FRAND disputes the defendant implementors denied the patent's validity, its essentiality to the standard and that it had been infringed. They also disputed the fairn...