Standard Essential Patents, Global Licensing Approach & the Principle of Territoriality

Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential patents (SEPs). In these decisions, which have positioned the UK as a SEP-friendly jurisdiction, courts in the UK have applied a ‘global licensing approach’, finding that they have the power to determine the royalty to be paid for global patent portfolios.

Continue reading the post at Kluwer Patent Blog here.