Tuesday, October 23, 2018

Unwired Planet Decision Is Out

And available here.  Right now, I'm heading over to the FTC, but I will read the decision later today and comment on it sometime this week (I hope). In summary, though, there are three grounds for appeal, and the Court of Appeal dismisses the appeal on all three grounds:
Para. 129:  "The judge was entitled to find that in all the circumstances only a global licence would be FRAND. He fell into error in one aspect of his reasoning but this had no material effect on the conclusion to which he came. Ground one must therefore be dismissed."
Para. 210: "In the result, Huawei's appeal on ground 2 [nondiscrimination] fails.
Para. 290:  "It follows that ground 3 [Huawei v. ZTE and proportionality] must be rejected.
Para. 291:  "For all of the reasons we have given, this appeal must be dismissed."

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