Interdigital Technology Corp & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1577 (Pat) (28 June 2023)

Interdigital Technology Corp & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1577 (Pat) (28 June 2023)

Redactions in the public version of the FRAND judgment should be maintained only where disclosure would cause real commercial harm or undermine third party confidentiality, but should be removed where the information is historic, already public, or necessary for public understanding of the court's reasoning. The...

Source-derived case information.

Citation
[2023] EWHC 1577 (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
28 June 2023
Procedural Posture
Patents/intellectual Property / Post Judgment Confidentiality Determination Following FRAND Judgment
Outcome
Redactions maintained in part; some redactions to be removed; revised public judgment to be issued.
Legal Topics
FRAND Licensing, Confidentiality of License Terms, Redaction of Judgments, Open Justice, Third Party Interests
Intellectual Property Patents Confidentiality FRAND Licensing Confidentiality of License Terms Redaction of Judgments Open Justice Third Party Interests

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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

Patents/intellectual Property / Post Judgment Confidentiality Determination Following FRAND Judgment

Legal Issues

  1. 1 Whether redactions in the public version of the FRAND judgment should be maintained or removed
  2. 2 Balancing open justice against protection of commercially sensitive information
  3. 3 Extent to which third party confidential information should be disclosed

Ratio Decidendi

Redactions in the public version of the FRAND judgment should be maintained only where disclosure would cause real commercial harm or undermine third party confidentiality, but should be removed where the information is historic, already public, or necessary for public understanding of the court's reasoning. The balance struck must protect commercially sensitive current licensing terms while ensuring sufficient transparency to explain the court's reasoning.

Court Disposition

Redactions maintained in part; some redactions to be removed; revised public judgment to be issued.

Orders

  • Maintain redactions over current or recently expired license rates and terms, especially for the Lenovo 7 and InterDigital 20, except where information is historic, already public, or necessary for understanding the reasoning.
  • Remove redactions for certain historic license rates (e.g., RIM 2012), anonymised and randomised effective per unit rates in table [577], and other specified information as detailed in the judgment.