Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors [2025] EWCA Civ 43 (28 January 2025)

Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors [2025] EWCA Civ 43 (28 January 2025)

Amazon's claim for an interim licence has a real prospect of success in light of the Court of Appeal's decision in Panasonic v Xiaomi, and the judge was wrong to refuse permission to amend on the basis that such a claim was unarguable. The factual differences between this case and Panasonic v Xiaomi are not material. Case management concerns do not justify refusal to permit the amendments, as the interim licence hearing would be limited in scope and duration. The amendments should be allowed, subject to updating the statements of case to reflect Amazon's current position on the terms of the interim licence.

Citation
[2025] EWCA Civ 43
Parties
Claimant/respondent: Alcatel Lucent SAS; Defendant/part 20 Claimant/appellant: Amazon Digital UK Limited; Defendant/part 20 Claimant/appellant: Amazon Europe Core SARL; Defendant/part 20 Claimant/appellant: Amazon EU SARL; Defendant/part 20 Claimant/appellant: Amazon.com, Inc; Defendant/part 20 Claimant/appellant: Amazon Media EU SARL; Part 20 Defendant/respondent: Nokia Corporation; Part 20 Defendant/respondent: Nokia Technologies OY
Jurisdiction
England and Wales
Judgment Date
28 January 2025
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Permission to Amend Defence and Counterclaim and Particulars of Counterclaim
Outcome
Appeal allowed
Legal Topics
Rand/frand Licensing Obligations, Standard Essential Patents (seps), Non Essential Patents (neps), Specific Performance, Declaratory Relief, Amendment of Pleadings, Jurisdiction, Case Management
Intellectual Property Patents Contract Law Civil Procedure Rand/frand Licensing Obligations Standard Essential Patents (seps) Non Essential Patents (neps) Specific Performance +4 more

Case Brief

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Parties

Alcatel Lucent SAS

Claimant/respondent

Amazon Digital UK Limited

Defendant/part 20 Claimant/appellant

Amazon Europe Core SARL

Defendant/part 20 Claimant/appellant

Amazon EU SARL

Defendant/part 20 Claimant/appellant

Amazon.com, Inc

Defendant/part 20 Claimant/appellant

Amazon Media EU SARL

Defendant/part 20 Claimant/appellant

Nokia Corporation

Part 20 Defendant/respondent

Nokia Technologies OY

Part 20 Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Permission to Amend Defence and Counterclaim and Particulars of Counterclaim

Legal Issues

  1. 1 Whether Amazon should be permitted to amend their Defence and Counterclaim and Particulars of Counterclaim to plead entitlement to an interim licence of Nokia's video patent portfolio pending determination of RAND terms
  2. 2 Whether the claim for an interim licence has a real prospect of success under Swiss law and English law
  3. 3 Whether the appeal is procedurally inapposite due to changes in Amazon's offer for interim licence terms

Ratio Decidendi

Amazon's claim for an interim licence has a real prospect of success in light of the Court of Appeal's decision in Panasonic v Xiaomi, and the judge was wrong to refuse permission to amend on the basis that such a claim was unarguable. The factual differences between this case and Panasonic v Xiaomi are not material. Case management concerns do not justify refusal to permit the amendments, as the interim licence hearing would be limited in scope and duration. The amendments should be allowed, subject to updating the statements of case to reflect Amazon's current position on the terms of the interim licence.

Court Disposition

Appeal allowed

Orders

  • Permission granted to Amazon to amend their Defence and Counterclaim and Particulars of Counterclaim to plead entitlement to an interim licence, subject to updating the statements of case to reflect current terms.