Parallels and Diverging Approaches in the UK and German Supreme Courts’ Decisions on FRAND

In this paper, I discuss the German Federal Court of Justice’s decision in Sisvel v. Haier and the UK Supreme Court decision in Unwired Planet v. Huawei as well as Huawei and ZTE v. Conversant Wireless. I identify three levels at which the different decisions intersect. The German and UK Supreme Courts have adopted converging approaches to individual topics of controversy, such as portfolio licensing and non-discrimination. Nevertheless, the different courts’ decisions reflect a fundamentall