No stay for Huawei in UK FRAND trial against MediaTek

London: The UK High Court’s refusal to suspend the case means the FRAND rate-setting proceedings for Huawei’s 5G portfolio can now continue unimpeded. High Court judge Thomas Leech also denied Huawei permission to appeal his decision (case ID: HP-2024-000028). However, Huawei may still petition the Court of Appeal directly for leave to appeal.

In a global SEPS dispute between the two parties, spanning China, Germany and the UPC, MediaTek sought a global FRAND-rate determination for Huawei’s patent portfolio from the UK High Court. Huawei contested the court’s jurisdiction to set a global FRAND rate, and alternatively applied for a stay on case-management grounds.

In March, judge Leech rejected this challenge, affirming the court’s competence to rule on MediaTek’s request and dismissing the stay application.

On 10 April 2025, Huawei filed a further application seeking a second case-management stay, supported by four new witness statements and a skeleton argument. Last Friday, judge Leech again declined to stay the case.

The rate-setting proceedings can now move forward. The oral hearing will take place in February 2026.

The parties are are battling across multiple jurisdictions. Both Huawei and MediaTek have initiated patent litigation against each other in various Chinese courts. In April, Huawei also commenced infringement actions at the UPC’s Munich local division (case IDs: ACT_14180/2025 and ACT_13761/2025). Meanwhile, MediaTek filed infringement claims in the German national courts in Mannheim and Munich.

MediaTek has instructed Kirkland & Ellis for the UK proceedings. The team includes lead partners Daniel Lim, Steven Baldwin, Nicola Dagg, and Rory Clarke, alongside associates Jason Yau, Andrew Marks, Joseph Donkin, and Nevyn Fournel.

Kirkland is also involved in coordinating the multi-jurisdictional proceedings in Germany and China. Barristers Andrew Lykiardopoulos KC and Thomas Jones of 8 New Square pleaded the case in court.

For the UPC proceedings, MediaTek has turned to US IP firm Finnegan Henderson Farabow Garrett & Dunner, which also represents the Taiwanese client in some of the German proceedings in Munich and Mannheim. In other German proceedings, a team around Düsseldorf partner Christof Höhne from IP boutique EIP represents MediaTek against Huawei.

Huawei relied on Bird & Bird. According to JUVE Patent information, a London team around Jane Mutimear took over from A&O Shearman, which represented the client in previous hearings. Bird & Bird are long-standing advisors to the Chinese mobile communications company. Thomas Raphael KC of Twenty Essex, Henry Forbes Smith KC of One Essex Court and Jennifer Dixon of 8 New Square acted as barristers.

A team led by Düsseldorf-based partner Christian Harmsen represents the client in some of the parallel proceedings at the German national courts and the UPC, while Clifford Chance is acting for Huawei in other proceedings of the case.