FRAND Case Management - Mitsubishi Electric Corporation v Archos
The Rolls Building Author Basher Eyre Licence CC BY-SA 2.0 Source Wikimedia Commons Jane Lambert Patents Court (Mr Justice Mellor) Mitsubishi Electric Company and another v Archos SA and others [2021] EWHC 889 (Pat) (13 April 2021) A FRAND case is essentially a patent infringement claim where the remedy to which a successful claimant would normally be entitled has been modified by agreement. Mr Justice Birss summarized the principle succinctly at para [83] of his judgment in Unwired Planet International Ltd v Huawei Technologies Co. Ltd and anothe r [2017] EWHC 711 (Pat) (5 April 2017): "The point of FRAND in standard setting is fairly easy to understand. Standards exist so that different manufacturers can produce equipment which is interoperable with the result that the manufacturers compete with one another. So the phone makers compete in the market for phones and the public can select a phone from any supplier and be sure (for exa...