Category: Tesla v. InterDigital & Avanci
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Tesla should learn from Amazon-InterDigital, take an Avanci 5G license: even if its long-shot UKSC appeal succeeded, it wouldn’t help
For cross-jurisdictional reasons, Tesla should give up on its UK case against Avanci and InterDigital, in which it lost the first two rounds.
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Lenovo, Quectel join Avanci 5G as licensors; 225 million vehicles now connected through Avanci Vehicle
Lenovo and Quectel, both major implementers, have signed up to Avanci 5G Vehicle (Lenovo also Avanci 4G) as licensors, bringing the total number of licensors on the program to 60, while Avanci Vehicle has now licensed 225 million connected vehicles.
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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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Nissan joins Avanci 5G: latest in wave of new licensees, licensors
Nissan, Volvo Group, Jaguar Land Rover, and Honda have all signed up to Avanci’s 5G Vehicle program in the last week, bringing the program’s total global licensee count up to 55 automotive brands.
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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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Right-sizing judicial FRAND determinations: one patent at a time? one country? worldwide? or even pools?
Courts can set FRAND rates, and they can form on opinion on whether a given party’s conduct was FRAND, but there are (and must be) important limitations. Litigation isn’t negotiation.
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Is it a good idea for courts to determine patent pool rates even if a pool has already achieved market acceptance?
Before courts set patent pool rates, it bears reflecting on what that means if a pool’s terms already has been accepted by large parts of the market.
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Pool rate-setting by courts: various questions left to be resolved in China after SPC ruling while Tesla appeals dismissal in UK
The recent decision by the Supreme People’s Court of China in tCL v. Access Advance on pool rate-setting is narrower than it appeared at first sight. Chinese courts tend to evaluate FRAND questions multifactorially.
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London court heard jurisdictional challenges to Tesla’s pre-emptive 5G SEP strike against InterDigital and Avanci
Tesla’s pre-emptive strike FRAND action in the UK against InterDigital and Avanci may surmount the low hurdle of a jurisdictional challenge, but it should not.
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Tesla tells UK court it has Avanci 4G license but wants preferential 5G rate, estimates Avanci’s coverage at 80%
In December 2023, Tesla brought a patent invalidation and declaratory judgment case against InterDigital that also involves FRAND claims against that patent holder as well as the entire Avanci pool.