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...

Author Interdigital Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Mellor) Interdigital Technology Corp and others v Lenovo Group Ltd and others    [2023]   EWHC 539 (Pat) 16 March 2023 This was the second time that an English court had been called upon to determine what terms were fair, reasonable and non-discriminatory ("FRAND") in a licence between holders of patents that are essential for compliance with a technical standard ("standard essential patent" or "SEPs") and those wishing to use those patents to comply with the standard ("implementers").  The other time was in  Unwired Planet International Ltd v Huawei Technologies (UK) Ltd and another  [2017] EWHC 711 (Pat) ("UPHC").  Mr Justice Birss (as he then was) settled an agreement on FRAND  terms which he annexed to his judgment in  Unwired Planet International Ltd v Huawei Technologies Co Ltd and another [2017] EWHC 1304 (Pa...

A uthor a jay_suresh   Licence CC BY 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Mr Justice Meade)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 2564 (Pat) (27 Sep 2021) This was one of a number of trials between Optis Cellular Technologies LLC, Cellular Wireless Technologies LLC and Unwired Planet International Limited ("Optis") of the one part and Apple Retail UK Ltd, Apple Distribution International Ltd and Apple Inc ("Apple") on the other.  Optis has alleged that Apple's iPhone, iPad and other 3G and 4G devices infringe 8 of its standard-essential patents ("SEP") when implementing an  ETSI (European Telecommunications Standards Institute ) standard.  The litigation addresses the following questions.  The first is whether certain patents that have been granted to Optis are essential for the implementation of the standard.  If they are, the second question is whether the p...

By Christine Smith - This file has been extracted from another file: Middlesex Guildhall.png, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=82543212 Jane Lambert Supreme Court (Lord Reed, Lord Hodge, Lady Black. Lord Briggs and Lord Sales)  Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37 (26 August 2020) This was the judgment in the conjoined appeals from the decisions of the Court of Appeal in  Unwired Planet International Ltd and another v Huawei Technologies Co Ltd and another   [2018] RPC 20, [2018] EWCA Civ 2344 and  Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L [2019] RPC 6, [2019] EWCA Civ 38.  I have discussed the litigation in the High Court and Court of Appeal in FRAND - A Recap   on   8 Aug 2020 and FRAND on 8 Oct 2017.  I shall discuss the Supreme Court's judgment on FRAND in a talk over Zoo...

Jane Lambert Just before Christmas, I was asked to speak to the Cambridge IP Law Summer School on  TMT: A SEP & FRAND   which was due to take place this week.  The invitation was offered a few weeks after counsel for the parties in  ZTE Corporation and another v Conversant Wireless Licensing SARL ,  Huawei Technologies Co Ltd and another v Conversant Wireless Licensing SARL   and  Unwired Planet International Ltd and another v Huawei Technologies (UK) Co Ltd and another   had presented their cases to the Supreme Court and we had every hope that the Justices would have delivered their judgment by now.  Sadly, coronavirus has delayed the business of the Supreme Court and the Summer School will now take place online rather than in Cambridge.  Fortunately, I can still give my talk as planned. In FRAND   I wrote that those letters stand for "fair, reasonable and non-discriminatory".  Those are the terms upon which an ...