In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

UPC’s stern warning has Amazon concerned, already impacts UK court’s case management, but Amazon may have to backtrack to greater extent

Florian Mueller

Context:

  • In the video patent licensing dispute between Amazon and InterDigital, the High Court of Justice for England & Wales (EWHC) held a full-day hearing today. We previously reported on a statement by Amazon, alleging (which was contradicted by InterDigital) a royalty demand of $200M per year.
  • On the eve of this hearing, the Unified Patent Court’s (UPC) Mannheim Local Division (LD) entered an order amounting to an even clearer warning than before that Amazon must not seek leverage in the UK against the enforcement of the UPC’s anti-inference injunction (AII), as we call it at this stage where the question is no longer an interim license (Amazon gave up on that one), but the implications of the AII for what may happen after a UK FRAND (fair, reasonable and non-discriminatory licensing) trial scheduled for September 2026. Based on the final part of today’s EWHC hearing, it is clear that the UPC’s warning was timely and (at least to some extent) effective:

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UPC panels and counsel

CoA

Presiding Judge Ulrike Voss (“Voß” in German) was recently sworn in as the Presiding Judge of the CoA’s new Panel 3. But for this case she is joined by President Dr. Grabinski’s trusted sidekicks Judge-rapporteur Prof. Peter Blok and Judge Emmanuel GougĂ© (Panel 1). Presiding Judge Voss is famous in the SEP context for her referral of Huawei v. ZTE to the European Court of Justice (ECJ) while she was presiding over one of the divisions of the Dusseldorf Regional Court. For the Munich LD, she granted Nokia an anti-antisuit injunction against SUNMI (February 20, 2025 ip fray article).

Mannheim LD panel

Presiding Judge (and here, judge-rapporteur) Prof. Peter Tochtermann, Judge Dirk Boettcher (“Böttcher” in German), and Judge AndrĂĄs Kupecz (CD Munich; August 30, 2024 ip fray interview). The latest order was signed by Presiding Judge Prof. Tochtermann “with “after consultation with and upon mandate of the full panel (Judge Sender substituting for Judge Böttcher being on leave)” (emphasis in original). Judge Tobias Sender was in the audience during the first part of the November 14, 2025 hearing in this matter.

Counsel for InterDigital

Counsel for InterDigital: Arnold Ruess‘s Cordula Schumacher (also lead counsel on appeal), Dr.  Lisa Rieth, Tim Smentkowski, Julija Kravtsova, and Dr. Marina Wehler. From the UK, Bird & Bird’s Mark Livsey attended the Mannheim LD hearing in person. U.S. attorney Richard Kamprath of McKool Smith was also among the remote attendees. In-house litigation counsel Steven Akerley attended in person, and several other InterDigital lawyers and executives followed the video stream.

Counsel for Amazon