Alcatel Lucent SAS v Amazon Digital UK Limited & Ors

Alcatel Lucent SAS v Amazon Digital UK Limited & Ors

There is no sustainable claim that Alcatel is contractually obliged to grant Amazon a RAND licence, so those parts of Amazon's defence and counterclaim are struck out. However, there is a serious issue to be tried as to whether Nokia's RAND commitment requires it to offer Amazon an option to use the Alcatel NEPs, and thus whether Amazon has a defence to injunctive relief. The Part 20 RAND and Technical Cases against Nokia are not struck out. The claim for an interim licence is unsustainable and is refused. The court has jurisdiction over Nokia for the Part 20 claims. Expedition is justified but not to July 2025; trial is fixed for October 2025.

Parties
Claimant: Alcatel Lucent SAS; Defendant/part 20 Claimant: Amazon Digital UK Limited; Defendant/part 20 Claimant: Amazon Europe Core SARL; Defendant/part 20 Claimant: Amazon EU SARL; Defendant/part 20 Claimant: Amazon.com, Inc; Defendant/part 20 Claimant: Amazon Media EU SARL; Part 20 Defendant: Nokia Corporation; Part 20 Defendant: Nokia Technologies OY
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Patent Infringement and Rand/frand Licensing Dispute / Interlocutory Applications: Strike Out, Amendment, Service Out, Expedition
Outcome
Partial strike out, permission to amend in part, jurisdiction upheld, expedition granted for October 2025, interim licence claim refused
Legal Topics
Standard Essential Patents (seps), Non Essential Patents (neps), Rand/frand Licensing Obligations, Jurisdiction and Service Out, Injunctions, Expedition of Trial, Patent Validity and Infringement, Non Discrimination in Licensing
Intellectual Property Law Contract Law Competition Law Civil Procedure Standard Essential Patents (seps) Non Essential Patents (neps) Rand/frand Licensing Obligations Jurisdiction and Service Out +4 more

Case Brief

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Parties

Alcatel Lucent SAS

Claimant

Amazon Digital UK Limited

Defendant/part 20 Claimant

Amazon Europe Core SARL

Defendant/part 20 Claimant

Amazon EU SARL

Defendant/part 20 Claimant

Amazon.com, Inc

Defendant/part 20 Claimant

Amazon Media EU SARL

Defendant/part 20 Claimant

Nokia Corporation

Part 20 Defendant

Nokia Technologies OY

Part 20 Defendant

Procedural Posture

Patent Infringement and Rand/frand Licensing Dispute / Interlocutory Applications: Strike Out, Amendment, Service Out, Expedition

Legal Issues

  1. 1 Whether Alcatel is contractually bound to grant a RAND licence for NEPs to Amazon
  2. 2 Whether Nokia's RAND commitment requires offering Amazon an option to NEPs
  3. 3 Whether Amazon's defence to injunctive relief is sustainable

Ratio Decidendi

There is no sustainable claim that Alcatel is contractually obliged to grant Amazon a RAND licence, so those parts of Amazon's defence and counterclaim are struck out. However, there is a serious issue to be tried as to whether Nokia's RAND commitment requires it to offer Amazon an option to use the Alcatel NEPs, and thus whether Amazon has a defence to injunctive relief. The Part 20 RAND and Technical Cases against Nokia are not struck out. The claim for an interim licence is unsustainable and is refused. The court has jurisdiction over Nokia for the Part 20 claims. Expedition is justified but not to July 2025; trial is fixed for October 2025.

Court Disposition

Partial strike out, permission to amend in part, jurisdiction upheld, expedition granted for October 2025, interim licence claim refused

Orders

  • Amazon's claim that Alcatel is contractually obliged to grant a RAND licence is struck out
  • Amazon's defence and counterclaim (insofar as based on Nokia's RAND commitment and option to NEPs) not struck out