No stay for Huawei in UK FRAND trial against MediaTek

The global SEP dispute between Huawei and MediaTek looks set to proceed in the UK, as the Chinese mobile phone manufacturer has once again failed in its bid to suspend the FRAND case at the High Court.

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.

No stay, no appeal

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.