Author: Ning Dong

• UK and Chongqing courts priced different licence scopes, making their $392 million and $731 million payments not directly comparable.

• Chongqing’s higher 5G royalty range and weighting materially increased its valuation, but the court inadequately explained the 2024 dividing line.

• German and UPC figures sit closer to Chongqing’s result, weakening claims that China’s higher award alone proves national bias.

On 28 August, the English High Court upheld the validity of a Samsung patent that ZTE had accepted was essential to 5G and would be infringed by its 5G-enabled devices without a licence, raising a difficult question of whether Samsung can obtain a FRAND injunction when the parties rely on conflicting global rate decisions. 

The ruling also brought the earlier FRAND determinations of the UK and Chongqing courts back into focus.

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The full article has been published on the IAM website.

How UK, China courts reached conflicting FRAND rates in ZTE v Samsung - IAM.

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