Unwired Planet v Huawei

A Valuation Perspective

FTI Consulting was instructed by Unwired Planet to provide expert evidence in the first FRAND dispute to reach judgment in the English Courts. FTI Consulting’s team was led by Mark Bezant, supported by Andrew Wynn and Vicky Laws, and their work focussed on the assessment of FRAND royalty rates.

The recent judgment of Birss J considered in detail how to set Frand royalty rates for a portfolio of standard essential patents (sePs). In line with the approach of both valuation experts, Birss J applied the two most common valuation methods for Frand royalties; he chose comparables as his primary method and relied on the “top down” approach as a cross-check. In this briefing note, the FTI Consulting team comment on the Judge’s findings on both methods, from a valuation perspective.