Context: The UK Supreme Court recently allowed Tesla’s challenge to InterDigital’s licensing through the Avanci 5G Platform to proceed. (July 27, 2026 ip fray article) At the center of the judgment is the Court’s acceptance that Tesla has a real prospect of establishing that the relevant FRAND license is the Avanci Platform License rather than InterDigital’s bilateral offer, raising broader questions about bilateral SEP (standard-essential patent) licensing outside established patent pools.
Further analysis: If the Court’s approach to platform licensing is adopted more widely, future litigation may increasingly examine not only whether particular licensing terms are FRAND, but also the role of collective licensing within the FRAND framework.
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Counsel
Tesla was represented by Powell Gilbert, with Daniel Alexander KC, Andrew Lykiardopoulos KC, James Segan KC, and Ligia Osepciu appearing as counsel.
InterDigital was represented by Gowling WLG, with Thomas Raphael KC, Maxwell Keay, and Sophie Ryan appearing as counsel.
Avanci was represented by Osborne Clarke and EIP Europe, with Brian Nicholson KC, Kathryn Pickard KC, and Miruna Bercariu appearing as counsel.