Category: United Kingdom
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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.
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Interim license appeal: the UK could end up violating the border of the United States of America for the first time since the War of 1812
Context: Our preview of today’s England & Wales Court of Appeal (EWCA) hearing of Lenovo’s pursuit of an interim license to Ericsson’s standard-essential patents (SEPs) (February 16, 2025 ip fray article) described the key question as whether “imperialism or sanity” would prevail. What’s new: Lord Justice Newey, Lord Justice Arnold and Lady Justice Falk heard…
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UK appeals court to hear Lenovo’s demand for forcible interim license from Ericsson starting on Tuesday: will imperialism or sanity prevail?
Starting Tuesday, the England and Wales Court of Appeal will hear Lenovo’s appeal of the denial of a forcible interim license from Ericsson. International comity is at stake.
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After 15+ years without license, Amazon bets on UK court forcing Nokia to grant interim license in May or June, but some claims are not FRAND-encumbered
Amazon hopes that a UK interim license will be granted in a few months’ time and thwart Nokia’s patent enforcement on a worldwide basis.
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Interim license imperialism: Lord Justice Arnold becomes a threat to UK relations with the United States, Europe, other countries and regions
Context: Just a week ago, we raised concerns over Lord Justice Richard Arnold’s decision to expedite Lenovo’s appeal of the denial of an interim license from Ericsson and warned that an exceedingly expansive application of that instrument could provoke a World Trade Organization (WTO) complaint by the European Union (January 26, 2025 ip fray article)….
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EU Commission may have to bring WTO complaint against UK: appeals court says Lenovo may get interim license from Ericsson, schedules urgent hearing for February 18
An order by the England & Wales Court of Appeal says Lenovo has “real prospects” of securing a interim license against Ericsson, which could give rise to an EU-UK trade dispute.