England and Wales Case Law

InterDigital, Inc & Ors v Optis Cellular Technology LLC & Ors

The correct legal approach is the balancing exercise ('old test'), not an automatic redaction under the Trade Secrets Regulations. Both lump sum and per unit financial figures, as well as derived averages and totals, are confidential and their publication would materially harm the competitive position of the relevant parties. Therefore, all such information should be redacted from the published judgment. Factual errors should be corrected under the slip rule.

Source excerpt

• Frand licensing
• Confidentiality
• Trade secrets
• Patent licensing
• Open justice
• Redaction of judgments

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InterDigital Inc & Ors, In the Matter Of (Re Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors)

InterDigital Inc & Ors, In the Matter Of (Re Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors) [2025] EWCA Civ 1263 (07 October 2025)

The Court of Appeal held that FRAND judgment redactions should cover confidential lump sums, per-unit rates, and derived averages and totals, and it corrected minor slips in Annex 3.

• Frand licensing
• Confidentiality
• Trade secrets
• Patent licensing
• Open justice
• Redaction of judgments

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Qatar Investment And Projects Development Holding Company & Anor v Phoenix Ancient Art SA & Ors

Qatar Investment And Projects Development Holding Company & Anor v Phoenix Ancient Art SA & Ors [2025] EWHC 956 (KB) (18 February 2025)

The High Court ordered part of a hearing to proceed in private, kept sensitive evidence on the court file subject to notice, and reserved a document-use issue.

• Privacy of proceedings
• Court file management
• Use of evidence
• Redaction of judgments
• Civil-procedure
• Private-hearings

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Equity Advisory Limited & Anor v The Commissioners for HMRC

The reasons advanced by the bank did not justify the scope of redactions sought. The Tribunal found no sufficient basis to depart from the principle of open justice or to anonymise/redact the bank's identity, the settlement sum, or related information. The application was dismissed.

Source excerpt

• Confidentiality
• Anonymity
• Redaction of judgments
• Open justice
• Standing of third parties

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Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2024] EWHC 197 (Ch) (14 February 2024)

The court ruled on FRAND consequential matters, narrowing redactions, ordering interest on past infringement, making no costs order, and refusing permission to appeal.

• Frand licensing
• Standard essential patents
• Confidentiality in judgments
• Trade secrets
• Costs
• Interest on damages

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Interdigital Technology Corp & Ors v Lenovo Group Ltd & Ors

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

The High Court considered whether to keep or remove redactions from a FRAND judgment, balancing open justice against confidentiality in licensing terms.

• Frand licensing
• Confidentiality of license terms
• Redaction of judgments
• Open justice
• Third party interests
• Frand-licensing

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RJ v Tigipko

The court refused applications to redact parts of a private family judgment, holding that possible future criminal proceedings were too remote to justify postponing publication.

• Reporting restrictions
• Redaction of judgments
• Child abduction
• Inherent jurisdiction
• Embargo orders
• Reporting-restrictions

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