Category: United Kingdom
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MediaTek bets on UK judicial overreach with early 2026 FRAND trial in Huawei dispute, gets slapped with Brazilian injunctions
Context: The standard-essential patent (SEP) licensing dispute between Huawei and MediaTek is getting more attention now, in no small part due to Huawei having recently filed two Unified Patent Court (UPC) complaints (April 11, 2025 ip fray article). Previously, MediaTek case against Huawei in the UK, with a throw-in-the-kitchen-sink range of claims from antitrust to…
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Ericsson puts comity first in UK Supreme Court appeal of LJ Arnold’s interim license decision in Lenovo’s favor
Context: Last month, the England & Wales Court of Appeal (EWCA) held that, in Ericsson’s place, a willing licensor of standard-essential patents would have to grant Lenovo an interim license that would put an immediate end to all enforcement actions (February 28, 2025 ip fray article). The decision was based on fundamental misconceptions regarding the…
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UK judge finds old license is no get-out-of-jail-free card for Lenovo; meanwhile, Ericsson declines to extend interim license after appellate ruling
Mr Justice Meade of the High Court of Justice for England & Wales has decided on the interpretation of a 2011 Motorola-Ericsson patent license. On key questions he agrees with ALJ Elliot of the USITC.
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Ericsson faces Monday deadline by UK appeals court to (promise to) grant interim license to Lenovo — but is appealing LJ Arnold’s errors and fallacies
The England & Wales Court of Appeal said in an order that Ericsson will be deemed in breach of its ETSI FRAND obligation unless it grant Lenovos an interim license, or promises to do so if its Supreme Court appeal fails.
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BREAKING: Tesla loses pool rate determination appeal against Avanci and InterDigital in UK: Lord Justice Arnold got outvoted
Lord Justice Phillips and Lady Justice Whipple voted against the panel member with the most patent-specific experience, applying common sense.
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Samsung uses brute-force FRAND strategy: parallel antitrust/contract lawsuits against ZTE in U.S., UK, Germany
Context: When we became aware of a press release by the Frankfurt Regional Court on an antitrust action by an implementer against a Chinese standard-essential patent (SEP) holder, the fact that Samsung had previously sued ZTE in the High Court of Justice for England & Wales (EWHC) was the primary reason for which we were…
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UK Court of Appeal declaration: Lenovo is entitled to an interim cross-license with Ericsson
The England & Wales Court of Appeal (EWCA) today revoked an earlier judgment that denied Lenovo’s request to declare that the company is entitled to an interim cross-license with Ericsson. Instead, it held, Ericsson is “in breach of [its] obligations of good faith” by pursuing claims for injunctions in foreign courts despite Lenovo having undertaken…
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A ‘breakthrough’ that may have gone ‘too far’: fallout follows ECJ’s cross-border jurisdiction ruling
European patent attorneys have largely welcomed a European Court of Justice decision allowing courts to rule on the infringement of U.S., UK, and other foreign patents (as well as award damages and injunctions). But those in foreign jurisdictions, such as China, are concerned that the ruling could lead to “significant chaos” and that the court…
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UK appeals court hears Optis v. Apple FRAND appeal of “wholly inaccurate analysis” that also involves judicial imperialism against the U.S.
Starting today, the England & Wales Court of Appeal hears the (Pan)Optis-Unwired Planet group’s appeal of a 2023 FRAND judgment that favored Apple all the way.