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FRAND: Samsung Electronics v ZTE Corp.

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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 - Samsung Electronics Co., Ltd v ZTE Corporation

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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...

Patents - Interdigital Technology Corporation and others v Lenovo Group Ltd. and others

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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...

Optis v Apple - Trial F: Whether an Implementor is bound to take a Licence on FRAND Terms before knowing what they are

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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...