Rachael Cartwright

Bristows

Rachael has experience working on a broad range of technical subject matters. Her background in physics lends itself particularly well to cases in the technology, telecommunications and engineering sectors. Rachael has worked on a number of cases in the telecommunications sector, and is interested in both the technical and associated FRAND issues involved. Since joining Bristows Rachael has worked on Unwired Planet v Huawei, Samsung and Google, Conversant v Huawei and ZTE, IPCom v Vodafone, Philips v Oppo and Panasonic v Xiaomi and Oppo.

Rachael has also worked on cases relating to the use of electromagnet radiation in locating sub oceanic oil reserves, the use of MRI and Radiotherapy machines for cancer treatment, ships for transporting cement powder, synthetic diamond technology, automated warehousing, wind turbine technology and wellbore surveying technology.

Practice Area

Panel

Contributing Author

Qualified Year

2016

Qualification

BA MSci (2011)

Education

University of Cambridge (2007-11)

1 Contributions by Rachael Cartwright

PRACTICE NOTES

SEPs and FRAND before the English Courts: global licences, rate-setting, injunctions, interim licence declarations and jurisdiction after Unwired Planet, InterDigital v Lenovo and Optis v Apple

This Practice Note This Practice Note examines how standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing feature in patent disputes before the Courts of England and Wales (the English Courts). It focuses, in particular, on the legal position following the UK Supreme Court’s ruling of 26 August 2020 in the combined Unwired Planet and Conversant appeals, and the practical consequences of that decision. For further information, see News Analysis: Supreme Court—English courts can determine terms of global licences for portfolios of standard essential patents (Unwired Planet v Huawei). Since then, two further significant rulings on FRAND rates have been issued in England and Wales and have been the subject of appeal judgments, as noted below: First, judgment was handed down on 16 March 2023 in the dispute between InterDigital and Lenovo following a High Court FRAND trial in January 2022. It offered additional guidance on several of the issues considered in Unwired Planet. The appeal judgment in InterDigital v Lenovo was handed down on 12 July 2024. Second, the High Court handed down a judgment on FRAND rates (in redacted form) on 7 June 2023 (judgment dated 10 May 2023) in the dispute between Optis Cellular Technology and Apple...

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