Lenovo Group Ltd & Ors v InterDigital Technology Corporation & Ors (Re Applications) [2024] EWHC 1036 (Pat) (25 April 2024)

Lenovo Group Ltd & Ors v InterDigital Technology Corporation & Ors (Re Applications) [2024] EWHC 1036 (Pat) (25 April 2024)

The claim for a portfolio licence is sufficiently pleaded and has a realistic prospect of success, satisfying the merits test for service out and amendment. The court has jurisdiction to determine the terms of a FRAND portfolio licence. Alleged deficiencies in pleading and evidence are not fatal at this stage. Full and frank disclosure was not breached as the duty ceased before Lenovo became aware of confidentiality breaches. The order for service out will not be set aside.

Citation
[2024] EWHC 1036 (Pat)
Parties
Claimant: Lenovo Group Limited; Claimant: Lenovo (United States) Inc.; Claimant: Lenovo Technology (United Kingdom) Limited; Claimant: Motorola Mobility LLC; Claimant: Motorola Mobility UK Limited; Defendant: InterDigital Technology Corporation; Defendant: InterDigital Patent Holdings, Inc.; Defendant: InterDigital, Inc.; Defendant: InterDigital Holdings, Inc.
Jurisdiction
England and Wales
Judgment Date
25 April 2024
Procedural Posture
Patents/intellectual Property / Interlocutory Judgment on Jurisdiction and Amendment Applications
Outcome
Jurisdiction application dismissed; permission to amend granted; order for service out not set aside.
Legal Topics
FRAND Licensing, Jurisdiction, Patent Portfolio Licensing, Amendment of Pleadings, Confidentiality Protocols
Intellectual Property Contract Law Civil Procedure FRAND Licensing Jurisdiction Patent Portfolio Licensing Amendment of Pleadings Confidentiality Protocols

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Parties

Lenovo Group Limited

Claimant

Lenovo (United States) Inc.

Claimant

Lenovo Technology (United Kingdom) Limited

Claimant

Motorola Mobility LLC

Claimant

Motorola Mobility UK Limited

Claimant

InterDigital Technology Corporation

Defendant

InterDigital Patent Holdings, Inc.

Defendant

InterDigital, Inc.

Defendant

InterDigital Holdings, Inc.

Defendant

Procedural Posture

Patents/intellectual Property / Interlocutory Judgment on Jurisdiction and Amendment Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction to determine terms of a portfolio licence under the ETSI FRAND Commitment
  2. 2 Whether the claim for a portfolio licence satisfies the merits test for service out and amendment
  3. 3 Whether full and frank disclosure was given on the ex parte application to serve out

Ratio Decidendi

The claim for a portfolio licence is sufficiently pleaded and has a realistic prospect of success, satisfying the merits test for service out and amendment. The court has jurisdiction to determine the terms of a FRAND portfolio licence. Alleged deficiencies in pleading and evidence are not fatal at this stage. Full and frank disclosure was not breached as the duty ceased before Lenovo became aware of confidentiality breaches. The order for service out will not be set aside.

Court Disposition

Jurisdiction application dismissed; permission to amend granted; order for service out not set aside.

Orders

  • Lenovo granted permission to amend Particulars of Claim and serve out of jurisdiction.
  • Order restricting use of confidential documents under CPR 31.22.