High Court hands down $138.7m FRAND judgment
17-03-2023
InterDigital SEP valid and infringed by Lenovo: English High Court
29-07-2021
JHVEphoto / Shutterstock.com
The decision revealed plenty about how FRAND disputes may play out while cementing the UK as an alternative European venue, says Tess Waldron of Powell Gilbert.
InterDigital v Lenovo is the second judgment following a UK FRAND trial (after Unwired Planet) to set the terms of a global SEP licence, with a third (Optis v Apple) expected shortly.
While largely consistent with earlier decisions, the InterDigital judgment does appear to represent a shift away from the UK’s predominantly SEP friendly approach, to something a little more nuanced.
Since Unwired Planet, it has been clear that the UK courts will grant an injunction on a valid and infringed SEP unless and until the implementer in question agrees to take a FRAND licence, which will (in most cases) be global.
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