Tesla Inc & Anor v InterDigital Patent Holdings, Inc & Ors
There is no serious issue to be tried in relation to Tesla’s Licensing Claims regarding the Avanci 5G Platform, as there is no contractual or legal right enforceable against Avanci or collectively against the SEP owners for a platform licence on FRAND terms. The English courts’ jurisdiction to determine FRAND terms is limited to bilateral licences where a contractual foundation exists. Procedural fairness and absence of necessary parties further bar the grant of declaratory relief. The appeal is dismissed.
- Parties
- Claimant/appellant: Tesla, Inc.; Claimant/appellant: Tesla Motors Limited; Defendant/respondent: IDAC Holdings, Inc.; Defendant/respondent: InterDigital Patent Holdings, Inc.; Defendant/respondent: InterDigital Holdings, Inc.; Defendant/respondent: Avanci, LLC
- Jurisdiction
- England and Wales
- Judgment Date
- 03 June 2025
- Procedural Posture
- Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdiction, FRAND Licensing, Standard Essential Patents (seps), Declaratory Relief, Forum Non Conveniens, Representative Actions
Case Brief
Summary, issues, holding and outcome
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Parties
Tesla, Inc.
Claimant/appellant
Tesla Motors Limited
Claimant/appellant
IDAC Holdings, Inc.
Defendant/respondent
InterDigital Patent Holdings, Inc.
Defendant/respondent
InterDigital Holdings, Inc.
Defendant/respondent
Avanci, LLC
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
Legal Issues
- 1 Whether the English courts have jurisdiction to determine FRAND terms for a global licence of SEPs at the behest of an implementer against a patent pool/platform and its members.
- 2 Whether declaratory relief can be granted against Avanci and InterDigital regarding FRAND terms for the Avanci 5G Platform.
- 3 Whether the claims fall within the relevant service gateways for out-of-jurisdiction defendants.
Ratio Decidendi
There is no serious issue to be tried in relation to Tesla’s Licensing Claims regarding the Avanci 5G Platform, as there is no contractual or legal right enforceable against Avanci or collectively against the SEP owners for a platform licence on FRAND terms. The English courts’ jurisdiction to determine FRAND terms is limited to bilateral licences where a contractual foundation exists. Procedural fairness and absence of necessary parties further bar the grant of declaratory relief. The appeal is dismissed.
Court Disposition
Appeal dismissed
Full Case Text
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