Motorola Mobility LLC & Anor v Ericsson Limited & Anor

Motorola Mobility LLC & Anor v Ericsson Limited & Anor

The application for an interim injunction is refused because damages are an adequate remedy for Lenovo, and the losses claimed by Lenovo arising from injunctions in Brazil and Colombia are not caused by the alleged infringement of the UK patent in suit. The application seeks to use the threat of an injunction as leverage in global licensing negotiations, not to protect the patent right at issue.

Parties
Claimant: Motorola Mobility LLC; Claimant: Lenovo (United States) Inc.; Defendant: Ericsson Limited; Defendant: Telefonaktiebolaget LM Ericsson (publ)
Jurisdiction
England and Wales
Judgment Date
19 July 2024
Procedural Posture
Patent Infringement and Interim Injunction Application / Interim Application for Injunction Pending Trial
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunctions, FRAND Licensing, Standard Essential Patents (seps), Anti Suit Injunctions, Adequacy of Damages
Intellectual Property Patents Civil Procedure Interim Injunctions FRAND Licensing Standard Essential Patents (seps) Anti Suit Injunctions Adequacy of Damages

Case Brief

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Parties

Motorola Mobility LLC

Claimant

Lenovo (United States) Inc.

Claimant

Ericsson Limited

Defendant

Telefonaktiebolaget LM Ericsson (publ)

Defendant

Procedural Posture

Patent Infringement and Interim Injunction Application / Interim Application for Injunction Pending Trial

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain Ericsson from offering, selling or supplying equipment/software in the UK pending trial of alleged infringement of EP (UK) 3,646,649
  2. 2 Whether damages are an adequate remedy for Lenovo
  3. 3 Whether the losses claimed by Lenovo are causally linked to the alleged infringement

Ratio Decidendi

The application for an interim injunction is refused because damages are an adequate remedy for Lenovo, and the losses claimed by Lenovo arising from injunctions in Brazil and Colombia are not caused by the alleged infringement of the UK patent in suit. The application seeks to use the threat of an injunction as leverage in global licensing negotiations, not to protect the patent right at issue.

Court Disposition

Application for interim injunction dismissed