Category: United Kingdom
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BREAKING: UK Supreme Court grants Tesla’s petition to appeal dismissal of Avanci-InterDigital FRAND pool rate case
Context: Last year, Mr Justice [Timothy] Fancourt of the High Court of Justice for England & Wales (EWHC) showed some sympathy for Tesla’s desire to obtain a UK FRAND (fair, reasonable and non-discriminatory licensing) determination against the entire Avanci 5G standard-essential patent (SEP) pool, but ultimately dismissed the complaint (July 18, 2024 ip fray article).…
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Samsung fails to end ZTE patent dispute with UK interim license: all cases carry on regardless of judicial imperialism
Context: On Wednesday, the High Court of Justice for England & Wales (EWHC) demonstrated that when it comes to standard-essential patent (SEP) disputes, the UK judiciary considers all jurisdictions equal — but itself more equal. Therefore, Samsung obtained a declaration of an entitlement to an interim license to ZTE’s SEPs, despite ZTE having offered one,…
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UK faces “end of litigation funding” if Parliament does not pass Litigation Funding Agreements bill soon, funder warns
Susan Dunn, Chair of the Association of Litigation Funders and Kenny Henderson of CMS debated over whether Litigation Funding Agreements should be regulated, and the prejudice funding receives in the UK judiciary system, at the most recent LF Dealmakers Europe in London earlier this week.
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EWHC holds Samsung entitled to interim license from ZTE: UK courts deem themselves more equal than other jurisdictions
As expected, the High Court of Justice for England & Wales has held that Samsung is entitled to an interim license from ZTE, but the decision raises serious issues.
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Litigation funders are “central” to class action regime, says UK Competition Appeal Tribunal chairman Hodge Malek KC
“We don’t want to kill off the industry [and] we want the best for everyone, including the funders,” Mr. Malek said at the 2nd Annual LF Dealmakers Europe in London yesterday.
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U.S. judge deprioritizes Samsung’s FRAND case against ZTE, UK judge requested post-hearing briefing on cross-jurisdictional implications
A federal judge in California has pushed back a hearing date by almost four months and a UK judge requested post-hearing briefing on Samsung’s multi-country FRAND lawsuits.
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Federal Circuit decision in Optis v. Apple SEP case shows why UK courts should leave other jurisdictions alone: misconception exposed
In the seemingly neverending SEP story between Optis and Apple, the Federal Circuit has ordered a U.S. retrial on the merits and what would be a third damages trial in the same case.
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In U.S. court filing in ZTE case, Samsung raises “bias concerns” over Chinese FRAND proceedings: SEP-related sinophobia
Samsung just told a U.S. court it does not expect fairness from the Chinese courts because of the Chinese govenrment’s ownership position in ZTE.
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Reflections on LJ Birss’s speech at UPC Munich event: whose loss is it that the UK is out of the UPC system due to Brexit?
Context: On Thursday (June 5, 2025), the Unified Patent Court’s (UPC) Munich Local Division (LD) celebrated its (and the entire UPC’s) second anniversary (June 6, 2025 LinkedIn post by ip fray). The UPC opened its doors on June 1, 2023. The court invited Lord Justice Colin Birss of the England & Wales Court of Appeal…
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Samsung may get UK interim license declaration in ZTE case next week: sole issue is whether UK judiciary has slightest respect for China
Context: This week, the High Court of Justice for England & Wales (EWHC) heard Samsung’s request for a declaration of an entitlement to an interim patent license from ZTE. Opening statements were delivered on Wednesday (June 4, 2025 ip fray article), reply statements on Thursday, and Mr Justice James Mellor indicated at the end of…