Category: United Kingdom
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UK appeals court permanently stays Acer, ASUS FRAND cases against Nokia: arbitration acceptable; no more FRAND trial
The Court of Appeal of England & Wales has largely overruled a decision by the High Court of Justice and stayed the proceedings. The two computer makers overplayed their hand.
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Ericsson wants “problem-solving, not posturing”: arbitration offer as safe harbor against “court-manufactured” interim licenses
Ericsson is a major SEP holder, but also licenses other companies’ patents for its network infrastructure products. Is head of patent assertions advocates a balanced, symmetrical approach where arbitration remains voluntary but its rejection precludes interim licenses.
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BREAKING: Chinese court determines $731M for 6-year, $600M+ for 5-year ZTE-Samsung FRAND cross-license — UK court is global outlier
The Chongqing Intermedia People’s Court ruling is consistent with those of the Munich I and Frankfurt Regional Courts, and the appellate level of the Rio de Janeiro State Court: 1.9 times (or at least >1.5 times) the UK figure.
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UK rate determination in Samsung v. ZTE of $392M ends up far below what other courts deemed FRAND, invites ever more litigation
A public redacted version of the UK FRAND judgment in Samsung v. ZTE has become available while a Chinese court ruling on the same question is still in the making and injunctions are in place in Brazil and Germany.
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BREAKING: Huawei has 5G patent license deal with Tesla — inadvertent disclosure by InterDigital counsel at UK Supreme Court hearing
InterDigital’s barrister has just uniquely identified the previously unknown Avanci 5G licensor who has a direct license deal in place with Tesla as “the single biggest licensor”.
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SEP holders can deprive Tesla’s pursuit of judicial FRAND rate-setting for patent pools of any basis if they want
Tesla’s pursuit of a UK judicial determination on the FRAND rate for a patent pool hangs by a thread: it depends on SEP holders’ positions in licensing and litigation.
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Tesla tells UKSC it shouldn’t have to do what much smaller companies like Doro, Emporia, Nothing can do — and relies on SME astroturfers
The UK Supreme Court started its 2.5-day Tesla v. InterDigital & Avanci hearing today. Tesla’s case for a UK determination of pool rates has fundamental shortcomings, which would pose challenges even if it got a UK trial.
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Will UK Supreme Court go from Unwired to Unhinged? Radical judicial imperialists form majority of panel in Tesla v. InterDigital & Avanci
The deck appears stacked against reasonableness, but hopefully the outcome will be better than the historic positions of the panel majority suggest. Otherwise the UK will come under a lot more pressure than it can sustain.
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English appeals court presses Acer, ASUS on refusal to arbitrate Nokia licensing terms; UPC’s PMAC mentioned as one option
Computer makers Acer and ASUS have a credibility problem with respect to their willingness to take a FRAND license. Nokia’s only problem is the state of English SEP case law.