Motorola Mobility LLC & Anor v Ericsson Ltd & Anor [2024] EWHC 1267 (Ch) (23 May 2024)

Motorola Mobility LLC & Anor v Ericsson Ltd & Anor [2024] EWHC 1267 (Ch) (23 May 2024)

The application for an interim injunction was refused because damages are an adequate remedy for Lenovo in the event of infringement of its UK patent, and the losses claimed by Lenovo arising from injunctions in Brazil and Colombia are not caused by the alleged infringement in the UK. The purpose of an interim injunction is to protect the right claimed in the underlying proceedings, not to be used as leverage in unrelated foreign litigation. There is no causal link between the alleged UK infringement and the harm suffered by Lenovo in Brazil and Colombia.

Citation
[2024] EWHC 1267 (Ch)
Parties
Claimant: Motorola Mobility LLC; Claimant: Lenovo (United States) Inc.; Defendant: Ericsson Limited; Defendant: Telefonaktiebolaget LM Ericsson (publ)
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Patent Infringement and Interim Injunction Application / Interim Application for Injunction Pending Trial
Outcome
Application for interim injunction dismissed
Legal Topics
Standard Essential Patents (sep), FRAND Licensing, Interim Injunctions, Anti Suit Injunctions, Cross Licensing, 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

  1. 1 Whether an interim injunction should be granted to restrain alleged infringement of UK patent EP (UK) 3,646,649 pending trial
  2. 2 Whether damages are an adequate remedy for the claimant in a SEP/FRAND context
  3. 3 Whether the losses claimed by Lenovo are caused by the alleged infringement in the UK or by Ericsson's enforcement of foreign injunctions

Ratio Decidendi

The application for an interim injunction was refused because damages are an adequate remedy for Lenovo in the event of infringement of its UK patent, and the losses claimed by Lenovo arising from injunctions in Brazil and Colombia are not caused by the alleged infringement in the UK. The purpose of an interim injunction is to protect the right claimed in the underlying proceedings, not to be used as leverage in unrelated foreign litigation. There is no causal link between the alleged UK infringement and the harm suffered by Lenovo in Brazil and Colombia.

Court Disposition

Application for interim injunction dismissed

Orders

  • Application for interim injunction refused
  • No further relief granted at this stage