Motorola Mobility LLC & Anor v Ericsson Limited & Anor

Motorola Mobility LLC & Anor v Ericsson Limited & Anor

The losses suffered by Lenovo as a result of Ericsson's enforcement of SEPs in Brazil and Colombia were not caused by the alleged infringement of EP 649 in the UK. Damages would be an adequate remedy for any UK infringement. The American Cyanamid principles apply, and there was no basis to grant an interim injunction in the circumstances. The relief sought was not justified as anti-suit relief or otherwise.

Parties
Claimant/appellant: Motorola Mobility LLC; Claimant/appellant: Lenovo (United States) Inc.; Defendant/respondent: Ericsson Limited; Defendant/respondent: Telefonaktiebolaget LM Ericsson
Jurisdiction
England and Wales
Judgment Date
30 September 2024
Procedural Posture
Civil Appeal / Appeal From Refusal of Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Standard Essential Patents (seps), FRAND Licensing, Cross Licensing, Anti Suit Injunctions
Intellectual Property Patents Civil Procedure Interim Injunctions Standard Essential Patents (seps) FRAND Licensing Cross Licensing Anti Suit Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Motorola Mobility LLC

Claimant/appellant

Lenovo (United States) Inc.

Claimant/appellant

Ericsson Limited

Defendant/respondent

Telefonaktiebolaget LM Ericsson

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the High Court erred in refusing an interim injunction to restrain alleged infringement of a standard-essential patent (SEP) pending trial
  2. 2 Whether damages would be an adequate remedy for the claimant if the injunction is refused
  3. 3 Whether the American Cyanamid principles apply to interim injunctions in the SEP/FRAND context

Ratio Decidendi

The losses suffered by Lenovo as a result of Ericsson's enforcement of SEPs in Brazil and Colombia were not caused by the alleged infringement of EP 649 in the UK. Damages would be an adequate remedy for any UK infringement. The American Cyanamid principles apply, and there was no basis to grant an interim injunction in the circumstances. The relief sought was not justified as anti-suit relief or otherwise.

Court Disposition

Appeal dismissed