Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2021] EWHC 89 (Pat) (19 January 2021)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2021] EWHC 89 (Pat) (19 January 2021)

Disclosure of full royalty reports for the relevant licences is refused as disproportionate. The court found that unpacking of licences can be sufficiently achieved using public information, and the marginal improvement in accuracy from royalty reports does not justify the burden, cost, and third party...

Source-derived case information.

Citation
[2021] EWHC 89 (Pat)
Parties
Claimant: InterDigital Technology Corporation; Claimant: InterDigital Patent Holdings, Inc.; Claimant: InterDigital, Inc.; Claimant: InterDigital Holdings, Inc.; Defendant: Lenovo Group Limited; Defendant: Lenovo (United States) Inc.; Defendant: Lenovo Technology (United Kingdom) Limited; Defendant: Motorola Mobility LLC; Defendant: Motorola Mobility UK Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Disclosure Application in FRAND Patent Litigation / Interlocutory Application for Disclosure
Outcome
Disclosure applications refused
Legal Topics
FRAND Licensing, Standard Essential Patents, Disclosure, Proportionality in Disclosure, Confidentiality, Comparables in Licensing
Intellectual Property Patents Civil Procedure FRAND Licensing Standard Essential Patents Disclosure Proportionality in Disclosure Confidentiality +1 more

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Parties

InterDigital Technology Corporation

Claimant

InterDigital Patent Holdings, Inc.

Claimant

InterDigital, Inc.

Claimant

InterDigital Holdings, Inc.

Claimant

Lenovo Group Limited

Defendant

Lenovo (United States) Inc.

Defendant

Lenovo Technology (United Kingdom) Limited

Defendant

Motorola Mobility LLC

Defendant

Motorola Mobility UK Limited

Defendant

Procedural Posture

Disclosure Application in FRAND Patent Litigation / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether InterDigital should be ordered to disclose full royalty reports for all relevant licences relied upon as comparables in FRAND determination
  2. 2 Whether Lenovo should be ordered to disclose licences to which it is a party
  3. 3 Whether disclosure of confidential third party information is proportionate in the context of FRAND litigation

Ratio Decidendi

Disclosure of full royalty reports for the relevant licences is refused as disproportionate. The court found that unpacking of licences can be sufficiently achieved using public information, and the marginal improvement in accuracy from royalty reports does not justify the burden, cost, and third party confidentiality concerns. Similarly, disclosure of Lenovo's own licences is refused as disproportionate and unnecessary for the issues in dispute.

Court Disposition

Disclosure applications refused

Orders

  • No order for disclosure of royalty reports by InterDigital
  • No order for disclosure of Lenovo's own licences