NIPC Law

UK Supreme Court Author:  Dietmar Rabich   Licence:  CC BY-SA 4.0   Source:  Wikimedia Commo n s Jane Lambert Supreme Court (Lord Sales (Deputy President), Lord Briggs, Lord Hamblen, Lord Burrows and Lord Kitchin)  Tesla, Inc and another v InterDigital Patent Holdings, Inc and others [2026] UKSC 27 (27 July 2026) This was an appeal against the Court of Appeal's decision in  Tesla Inc and another v IDAC Holdings Inc and Others [2025] EWCA Civ 193 (6 March 2025) to dismiss the appeal by Tesla Inc and Tesla Motors Ltd. ("Tesla") against Mr Justice Fancourt's order refusing service of process outside the jurisdiction in Tesla, Inc and Another v Idac Holdings, Inc and others [2024] EWHC 1815 (Ch) (15 July 2024).   The key issue was whether the courts of England and Wales had jurisdiction to decide a dispute concerning the terms of a licence to use a standard essential patent ("SEP") in circumstances where the claim was brought by an impl...

Alcatel-Lucent SA's Head Office in Boulogne-Bilancourt Author AnaBé   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey, Arnold and Snowden)  Alcatel Lucent SAS v Amazon Digital UK Ltd and other s [2025] EWCA Civ 43 (28 Jan 2025) This was the second of three cases in which the Court of Appeal had to consider whether a willing licensor of a portfolio of patents declared essential to one or more standards (" standard-essential patents" or "SEPs" ) would grant an implementer of those standards who has undertaken to take a licence to that portfolio on the terms to be determined by the Patents Court to be fair, reasonable and non-discriminatory ("FRAND") an interim licence pending that determination.  The other cases were  Panasonic Holdings Corporation v Xiaomi Technology UK Ltd and others [2024] EWCA Civ 1143 (3 Oct 2024) which I discussed in  FRAND - Panasonic Holdings Corporation v Xiaomi Technology UK ...

Great Hall, Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey and Arnold and Lady Justice Falk)  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (PUBL) and another [2025] EWCA Civ 182 (28 Feb 2025 ) This was an appeal against Mr Justice Richards's refusal to grant a declaration that a willing licensor and a willing licensee in the situation of the parties to this litigation would agree to, and actually enter into, a short-term cross-licence that would expire once either an English court or the US District Court for the Eastern District of North Carolina fixes the terms of a FRAND cross-licence (see  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (publ) and another [2024] EWHC 2941 (Pat) (19 Nov 2024)). The appeal was heard by Lords Justices Newey and Arnold and Lady Justice Falk on 25 Feb 2025 and judgment was handed down on...

Author  Basher Eyre #   Lixnxw  CC BY-SA 2. 0 Jane Lambert Court of Appeal (Lords Justices Moylan, Arnold and Phillips)  Panasonic Holdings Corporation v Xiaomi Technology UK Ltd and others [2024] EWCA Civ 1143 (3 Oct 2024) On 31 July 2023, Panasonic Holdings Corporation ("Panasonic") issued proceedings against Xiaomi Technology UK Ltd., its holding and two associated companies (Xiaomi) for declarations that certain of its patents were essential to one or more ETSI telecommunications standards, that they had been infringed by Xiaomi, that the terms on which it was willing to license patents were fair, reasonable and non-discriminatory ("FRAND") or could become FRAND after some adjustments and injunctions against Xianomi if those companies rejected those terms.  On 8 Nov 2023, after a hearing before Mr Justice Meade, his lordship ordered a 10 to 15-day trial to be listed in October 2024, limited to the determination of the terms of the court-determined lice...