Tuesday, April 3, 2018

Shen on Chinese Huawei v. Samsung FRAND Decisions

Last week I published a post mentioning (1) a post authored by Yang Li, Christine Yiu, and Richard Vary titled "Shenzhen court issues written judgment in Huawei v Samsung case," and (2) a shorter version of the latter published by Mr. Vary on the IPKat.  This morning on the IAM Blog Jacob Schindler published an analysis by David Shen of Allen & Overy (available here) of these two (related) decisions.  Although I still haven't seen the Chinese text itself (or, more importantly, and English-language translation thereof), these two write-ups appear to agree in all essential particulars, and to provide a good summary of the court's rationale for, among other things, granting an injunction and awarding FRAND royalties based on a top-down approach (though Mr. Shen clarifies that the two decisions combined, not separately, weigh in at over 350 pages).

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