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The UK Supreme Court’s Approach to Standard Essential Patent Protection in Unwired Planet v Huawei — Balancing tensions between patents and standards as well as between global business and national patent systems – an international conundrum

The English courts have long played a significant role in providing a forum for the resolution of international disputes. However, in seeking to claim jurisdiction for the English courts in a situation that has limited practical connection with the jurisdiction, the Supreme Court has drawn criticism for engaging in a form of judicial colonialism. The issues involved with software essential patents are of global significance and the attempt made by the Supreme Court to balance a range of competing interests contains much that is potentially of widespread application. By no means the final word, this decision marks a significant step in what is proving to be a lengthy journey.