2019 years, The High Court in London decided to hear Philips v 5 A case between family defendants, In order to be on Philips 3G with 4G Patent portfolio licensing determines an appropriately fair and reasonable nondiscrimination (FRAND) rate. 5 Among the family defendants 3 Home is a company of the Asus Group, In addition 2 Home is HTC Group of companies.

　　Philips wants to grant Asus a global licence for its patent portfolio, But Asustek asked the high court to accept its waiver FRAND Request for permission, And terminate his participation in any further proceedings.

　　According to the lawsuit, Asustek admitted that its past actions violated Philips' patents in the UK, And work out what Philips can pay 4. 5 Ten thousand dollars in damages. Asustek has only a small share of the UK market for products that require licensing from Philips, And that this part of the market is not worth exploiting, So it's not going to be patented by Philips FRAND license. Asustek stands ready to accept a permanent court injunction preventing it from infringing Philips patents in the UK. For these reasons, Asus said there was no need for the high court to decide on its use of the Philips patent FRAND license.

　　but, Philips challenged Asustek's application. Philips argues that it is entitled to more compensation. There is uncertainty about compensation, The high court ultimately rejected Asustek's application, This means that about FRAND Proceedings on the issue continue.

　　Marcus．Smith (Marcus Smith) The judge said in his ruling: "The procedure for assessing damages for British patent infringement is based largely on facts. In my opinion, Any permission to declare the court in public (declared licence) Clause and counterfactual license (counterfactual licence) Any act of automatic association of terms is wrong in principle, Claims based on this automatic correlation should be eliminated. "

　　 "This is not to say that the terms of the court's publicly announced license are irrelevant. contrary, It is also wrong to ignore publicly declared licenses when quantifying patent infringement losses suffered by the patentee. "

　　 "For the ASUS application, My answer is that the extent to which the declared license terms affect the assessment of damages is a matter of fact that needs to be determined by trial. The question cannot be determined by summary judgment. The dispute between Asustek and Philips over damages must be settled through litigation. "

　　In its application to the High Court, Asus referred to a similar application before the Court of Appeal in England and Wales. Court of appeal decision, In applicant (Technical implementer) Waiver from standard essential patent (SEP) Holder acquires FRAND After the right to license, The court does not need to SEP Permit the question to proceed. The High Court said, The two cases are different, The amount of damages in the cited case is not in dispute.

　　SEP It protects patents on technologies essential to the implementation of standards. Standards are usually developed jointly by multiple enterprises under the auspices of standardization bodies. European Telecommunications Standards Association (ETSI) And the Telecommunication Standards Division of the International Telecommunication Union (ITU-T) They're all standardization agencies.

　　usually, Enterprises that benefit from the above cooperation framework will rely on FRRAND The clause licenses standardized technology to others. FRAND The rates are the result of negotiations between the parties concerned. But sometimes they do FRAND Problems arise into disputes. if SEP The owner and the technology implementation company cannot reach FRAND License clause, A trial chamber is required to determine. The courts in England and Wales are happy to hear such cases.

(Compiled from www. pinsentmasons. com) 　　

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan 

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