Samsung v ZTE
[2026] EWHC 999 (Pat)
01 May 2026
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The High Court has delivered judgment in the fourth FRAND trial held so far in the UK courts. The trial was held to determine the terms of a FRAND global cross-licence between Samsung and ZTE. ZTE contended for a lump sum of $731m.
In a Judgment which can be found here, Meade J held that the best available comparator was a prior licence between ZTE and Apple. Adjusting that licence for the effect of certain factors, the Judge held that the FRAND lump sum was $392m. The Judge rejected ZTE’s reliance on the top-down method. Notably, the court held that the FRAND licence would include certain provisions relating to non-SEPs, in part because ZTE had on this issue "without giving reasons, ... changed its mind close to the resolution at this trial of what FRAND terms would be” (paras 546-554).
James Segan KC, who acted for Samsung, has appeared in three of the four FRAND trials to take place in this jurisdiction (Unwired Planet v Huawei, InterDigital v Lenovo and Samsung v ZTE).
