NIPC Law

Chongqing Municipal People's Auditorium Author Iswzo   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Jackson, Arnold and Birss)  Samsung Electronics Co., Ltd and another v ZTE Corporation and other s [2025] EWCA Civ 1383 (31 Oct 2025) This was an appeal by ZTE Corporation and others ("ZTE") against the decision of Mr Justice Mellor in  Samsung Electronics Co Ltd and Another v ZTE Corporation and others [2025] EWHC 1432 (Pat) (25 June 2025) to grant Samsung Electronics Co Ltd and Samsung Electronics (UK) Ltd ("Samsung"), the following interim declarations: "1. ZTE are in breach of their obligations of good faith under clause 6.1 of the ETSI IPR Policy. 2. A willing licensor in the position of ZTE, and in light of the undertaking given by Samsung, would enter into the interim cross-licence with Samsung on terms and including the sum to be paid by Samsung by way of royalty in respect of the interim licence period...

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...

Horse's Eye Author  Waugsberg   Licence   CC BY-SA 3.0   Sourc e  Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) E quisafety Ltd v Battle, Hayward and Bower Ltd     2023] EWHC 1821 (IPEC) (21 July 2023) and  Equisafety Ltd v Battle, Hayward and Bower Ltd and another [2024] EWHC 283 (IPEC) (15 Feb 2024) I n  Practice - Lufthansa Technik AG v Panasonic Avionics Corporation  on 10 Nov 2023 I said that proceedings in the Chancery Division take place in two stages. First, there is a trial to determine whether the defendant is liable to the claimant, If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages. An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant. An inquiry as to damages is a determ...