InterDigital v Lenovo: the key takeaways

06-04-2023

Tess Waldron

InterDigital v Lenovo: the key takeaways

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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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