WED - PIUG 2022 Virtual Meeting

W E D N E S D A Y M O R N I N G

Valuation of the Injunction in Unwired Planet vs Huawei Roya Ghafele (OxFirst Ltd.) 10:00 – 10:30 am

ABSTRACT On August 26 2020 the UK Supreme issued a land mark decision in the matter of Unwired Planet vs Huawei. The decision revolutionised the debate on standard essential patents as the Court held that a Global FRAND (fair, reasonable and non-discrimina tory) rate can be sanctioned with an injunction in the U.K. To assess whether the issuance of an injunc tion in that case was proportional to the value of the infringed standard essential patents, the article builds upon the valuation approaches contained in the judgment itself. It does so, by comparing the value of the injunction to the implied value of the patents that caused the British injunction. Compar ing a slightly adjusted valuation approach accepted by the Court to the direct value of the injunction, shows that the direct value of the injunction out weighs the estimated value of the infringed patents. Whether this is commensurate with the proportion ality factors set out under English law should be further examined.

BIOGRAPHY Dr. Roya Ghafele is the founder and Managing Direc tor of Oxfirst, ( www.oxfirst.com) an award-winning law and economics consultancy that specialises in helping organisations value their Intellectual Prop erty in disputes, for licensing and sales purposes and the commercialisation of ideas and innovation, on preparation for Stock Market floatation as well as general management considerations. She is a visiting Professor at Brunel University, London and is fluent in five languages, English, German, French, Italian and Persian as well as being an accredited expert witness to courts in England and Wales. Prior to founding OxFirst, Dr. Ghafele held an Assistant Professorship with the University of Edinburgh, a Departmental Lectureship with Oxford University and a Research Fellowship with the Haas School of Business, University of California at Berkeley. Whilst working with the Organisation for Economic Coop eration and Development (OCED) and the World In tellectual Property Organization (WIPO), Dr. Ghafele offered strategic advice on Intellectual Property and Technology Transfer to Governments in Europe, Asia and the Middle East.

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