Posts

Showing posts with the label SEP

FRAND: Samsung Electronics v ZTE Corp.

Image
Lord Justice Meade Author: Judicial Office (England and Wales) Licence: OGL V.3.0 , Source: Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Meade) Samsung Electronics Co Ltd and another v ZTE Corporation and others [2026] EWHC 999 (Pat) (1 May 2026) This was a hearing to determine the fee for a global, FRAND portfolio cross-licence between Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Ltd. ("Samsung") and ZTE Corporation, ZTE (UK) Ltd., Nubia Technology Co. Ltd., Livewire Telecom Ltd. and Efones.com Ltd. ("ZTE").  Up to 31 Dec 2023 the parties had such an agreement, but they could not agree on terms for its renewal after it had expired.   The hearing took place before Mr Justice Meade (as he then was) between 19 and 23 and 26 and 30 Jan and 9 and 11 Feb 2026.  He handed down judgment on 1 May 2026.   By para [576] of his judgment in   Samsung Electronics Co Ltd and another v ZTE Corporation and others [2026] EWHC 99...

Patents - Tesla Inc v InterDigital Patent Holdings Inc

Image
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...

The Appeal in Optis v Apple

Image
iPhones Author iPhone 15   Licence CC BY-SA   4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Newey, Arnold and Birss)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2025] EWCA Civ 552 (1 May 2025) This was an appeal by Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd. ("Optis") against a declaration by Mr Justice Marcus Smith on 16 Feb 2024 that a licence annexed to his order was fair, reasonable and non-discriminatory ("FRAND"),   The learned judge had granted the declaration following his judgments in   Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others   [2023] EWHC 1095 (Ch) 10 May 2023 and  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others   : [2024] EWHC 197 (Ch) 14 Feb 2024.  According to para [4] of Lord Justice Birss's judgment in  Optis Cellular Technology LL...

FRAND - Lenovo v Ericsson

Image
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...