Huawei
edged closer to an injunction on its UK smartphone shipments after a
UK court rejected the vendor’s argument a previous licensing
decision should not apply to its global shipments.
The
UK’s High Court said Huawei’s agreement to pay royalties to US
patent holding company Unwired Planet should cover worldwide device
shipments rather than those to the UK alone.
Huawei
argued the royalty payment should relate to the UK only because the
court’s jurisdiction does not extend beyond the country, following
a ruling by the court in April.
The
vendor was involved in a long running spat with Unwired Planet
centred on the use of protected technologies within Huawei
smartphones around the world.
If
Huawei’s argument regarding the UK court held water, it would have
meant Unwired Planet would need to seek
injunctions on a country by country basis.
In
its latest decision, the UK High Court stated Huawei’s agreement to
pay royalties came too late to prevent a judgement affecting its
global operations.
“By
refusing to offer an unqualified undertaking before trial and before
judgment Huawei forced Unwired Planet to come to court and vindicate
its rights,” Judge Birss, who presided over the case, said.
Although
the court cannot impose a worldwide sales ban, it can prevent Huawei
selling handsets in the UK because it failed to meet the terms of the
ruling. The injunction is subject to appeal.
The
patents in question are considered essential technologies, which
Unwired Planet is required to licence under fair, reasonable and
non-discriminatory (FRAND) terms. The US company holds a portfolio of
thousands of telecommunications-related patents, acquired in part
from Ericsson.
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