Lenovo Group Limited & Ors v Interdigital Technology Corporation & Ors

Lenovo Group Limited & Ors v Interdigital Technology Corporation & Ors

The court refused the interim declaration because it could not be satisfied to a high degree of assurance that the proposed interim licence was FRAND, the declaration would serve only a slender purpose in the English proceedings, and its substantial effect would be to influence the German proceedings, which is not an appropriate use of the court's declaratory power. The stay application was refused because the German proceedings would not determine FRAND terms, so there were no compelling grounds to stay the English proceedings.

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
17 November 2024
Procedural Posture
Patents/intellectual Property / Interlocutory Applications (interim Declaration and Stay)
Outcome
Both the Interim Licence Application and the Stay Application are refused.
Legal Topics
FRAND Licensing, Standard Essential Patents (seps), Interim Declarations, Case Management Stay, Jurisdiction, Parallel Proceedings, Contractual Undertakings, Competition Law (article 102 Tfeu)
Intellectual Property Patents Civil Procedure FRAND Licensing Standard Essential Patents (seps) Interim Declarations Case Management Stay Jurisdiction +3 more

Case Brief

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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 Applications (interim Declaration and Stay)

Legal Issues

  1. 1 Whether the court should grant an interim declaration that a draft interim licence is FRAND
  2. 2 Whether the court should stay part of the English proceedings pending resolution of German proceedings

Ratio Decidendi

The court refused the interim declaration because it could not be satisfied to a high degree of assurance that the proposed interim licence was FRAND, the declaration would serve only a slender purpose in the English proceedings, and its substantial effect would be to influence the German proceedings, which is not an appropriate use of the court's declaratory power. The stay application was refused because the German proceedings would not determine FRAND terms, so there were no compelling grounds to stay the English proceedings.

Court Disposition

Both the Interim Licence Application and the Stay Application are refused.

Orders

  • Interim Licence Application refused.
  • Stay Application refused.