FRAND counterclaims against patent pools in UPC cases: Court of Appeal will have to decide after Hague LD denies preliminary objection

Context: Claims (and counterclaims) over fair, reasonable, and non-discriminatory (FRAND) licenses to standard-essential patents (SEPs) are a common feature of bilateral licensing disputes. However, there are systemic implications for the standards ecosystem when courts consider extending the concept of judicial rate-setting (with or without compulsory licenses involved) to patent pools. The UK Supreme Court (UKSC) is presently working on its Tesla v. InterDigital & Avanci decision (April 27, 2026 ip fray article).